Before expiration of the period of limitation, acknowledgement of liability in writing, renews the debt but does not create a new right or action- Manesh Agarwal Vs. Bank of India – NCLAT
NCLAT held that in this case, admittedly the account of the Corporate Debtor was classified of NPA on 29th January 2013. Therefore, as per the law laid down by the Supreme Court case of Gaurav Hargovindbhai Dave, the date of default shall be computed from the date when the account was classified as NPA, i.e.29th January 2013. Given the law laid down by the Hon’ble Supreme Court in case of B.K. Educational Services Article 137 of the Limitation Act shall be applicable for an Application filed under Sections 7, 9 or 10 of the Code. Since the account of the Corporate Debtor was classified as NPA on 29th January 2013. Therefore, default started on 29th January 2013 and three years period of limitation was available for applying u/s Section 7 of the Code.
