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Supreme Court Allows Appeal in Arbitration Appointment Case: Limitation Period Not Extended by IBC Moratorium for Corporate Debtor's Own Application. Section 60(6) of IBC does not exclude limitation period for corporate debtor to file Section 11(6) application under Arbitration Act.

The Supreme Court considered an appeal by the New Delhi Municipal Council (NDMC) against an order of the Delhi High Court appointing an arbitrator und...

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Bombay High Court Allows Writ Petition Against EPF Appellate Tribunal's Rejection of Appeal on Limitation Grounds. The court held that the Tribunal must consider the explanation for delay and condone it if sufficient cause is shown, remanding the matter for fresh adjudication.

The petitioner, Yeshwant Sahakari Kamgar Bank Ltd. (now known as Brahmadev Dada Mane Sahakari Bank Limited, Solapur), filed a writ petition challengin...

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Supreme Court Dismisses Appeal in Limitation Dispute Over Alternative Plot Allotment. Concurrent Findings on Time-Barred Declaratory Suit Upheld Under Article 136 of Constitution, Applying Limitation Act 1963 Provisions to Determine Starting Point of Limitation.

The appeal arose from a civil suit filed by the appellants seeking declaratory reliefs regarding ownership of an alternative residential plot allotted...

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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Bombay High Court Allows Exclusion of 1854 Days for Filing Challenge to MSME Award Due to Bona Fide Prosecution in Wrong Forum and COVID-19. Period from 5 April 2017 to 1 November 2022 excluded under Section 14 of Limitation Act, 1963 read with Section 34(3) of Arbitration and Conciliation Act, 1996.

The applicant, Bharat Electronics Limited, filed an Interim Application seeking exclusion of 1854 days from 5 April 2017 to 1 November 2022 for comput...

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Bombay High Court Deliberates on Applicability of Limitation Act to Appeals Before Collector Under Section 137 of Bombay Prohibition Act, 1949. Issue Centered on Whether Collector is a 'Court' for the Purpose of Section 29(2) of the Indian Limitation Act, 1963.

The writ petition arose from a demand notice dated 23 June 2003 issued to the petitioner, proprietress of Vishal Liquors, an ex-CLII licensee, for an ...

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Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...