Limitation Act, 1963:
s.23 and Article 137 – Applicability of the Limitation Act – To
the application u/s.7 of Insolvency and Bankruptcy Code, 2016 –
It was held in the impugned order that as the default continued, no
period of limitation would be attracted – Appeal to Supreme Court
– Held: Limitation Act is applicable to the applications filed u/s.7 –
Petition u/s. 7 filed after 3 years from the date of default, would be
barred u/Art. 137 of the Limitation Act – The limitation would not
be saved by virtue of s.23 of the Limitation Act – Appeal allowed –
Insolvency and Bankruptcy Code, 2016 – s.7.