The appeal was preferred by the Appellant Shareholder of M/s. Shree Vaishnodevi Mills Pvt. Ltd. against the order dated July 22, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Single Bench, Chennai, which admitted an application under Section 7 of the I&B Code preferred by M/s. Stressed Assets Stabilization Fund. The appellant argued that the claim was barred by limitation.
The Appellant, a shareholder of M/s. Shree Vaishnodevi Mills Pvt. Ltd., filed an appeal against an order passed by the Adjudicating Authority (NCLT, Chennai) on July 22, 2019. The NCLT order admitted an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) filed by M/s. Stressed Assets Stabilization Fund. The Appellant argued that the claim was barred by limitation, citing a 12-year limitation period for mortgage-related claims under Article 62 of the Limitation Act, 1963. The Appellant also claimed that there was a dispute regarding the amount claimed by the Respondent (Financial Creditor). The court noted that the Appellant accepted that there was a mortgage of property made by the Corporate Debtor.
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The Adjudicating Authority (National Company Law…
The Appellant Shareholder of M/s. Shree…
The appeal was preferred by the Appellant Shareholder of M/s. Shree Vaishnodevi Mills Pvt. Ltd. against the order dated July 22, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Single Bench, Chennai, which admitted an application under Section 7 of the I&B Code preferred by M/s. Stressed Assets Stabilization Fund. The appellant argued that the claim was barred by limitation.
The Appellant, a shareholder of M/s. Shree Vaishnodevi Mills Pvt. Ltd., filed an appeal against an order passed by the Adjudicating Authority (NCLT, Chennai) on July 22, 2019. The NCLT order admitted an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) filed by M/s. Stressed Assets Stabilization Fund. The Appellant argued that the claim was barred by limitation, citing a 12-year limitation period for mortgage-related claims under Article 62 of the Limitation Act, 1963. The Appellant also claimed that there was a dispute regarding the amount claimed by the Respondent (Financial Creditor). The court noted that the Appellant accepted that there was a mortgage of property made by the Corporate Debtor.
The Adjudicating Authority (National Company Law…
The Appellant Shareholder of M/s. Shree…