The State Bank of India (SBI) filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) before the National Company Law Tribunal (NCLT), Mumbai Bench, Court-IV, against Dharamraj Aluminium Industries Private Limited, claiming default. The NCLT dismissed the application, leading SBI to file an appeal before the National Company Law Appellate Tribunal (NCLAT). The NCLT dismissed the application primarily on the ground that it was barred by limitation, as the default occurred on 30.04.2016, and the Section 7 petition was filed on 13.01.2022, which is beyond the three-year limitation period. SBI argued that the period during which a winding-up petition was pending before the Bombay High Court should be excluded from the limitation period, relying on

The State Bank of India (SBI) filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) before the National Company Law Tribunal (NCLT), Mumbai Bench, Court-IV, against Dharamraj Aluminium Industries Private Limited, claiming default. The NCLT dismissed the application, leading SBI to file an appeal before the National Company Law Appellate Tribunal (NCLAT). The NCLT dismissed the application primarily on the ground that it was barred by limitation, as the default occurred on 30.04.2016, and the Section 7 petition was filed on 13.01.2022, which is beyond the three-year limitation period. SBI argued that the period during which a winding-up petition was pending before the Bombay High Court should be excluded from the limitation period, relying on