2019

The period from date of notice u/s 13(2) of SARFEASI Act to date of order passed by the court will be excluded for filing application u/s 7- Sesh Nath Singh Vs. Baidyabati Sheoraphuli Cooperative Bank Ltd-NCLAT

As per Section 14(2) of Limitation Act in computing the period of limitation the time during which the respondent has been prosecuting with due diligence another civil proceedings against the corporate debtor for the same relief shall be excluded. The period from date of notice under Section 13(2) of SARFEASI Act) to when the Kolkata High Court has passed the order against the Respondent will be excluded and if this period of 3 years and 6 months is excluded then the application filed under Section 7 of the I&B Code is within limitation period.

The period from date of notice u/s 13(2) of SARFEASI Act to date of order passed by the court will be excluded for filing application u/s 7- Sesh Nath Singh Vs. Baidyabati Sheoraphuli Cooperative Bank Ltd-NCLAT Read Post »

Whether the High Court ought to interfere, under Article 226/227 of the Constitution, with an Order passed by the NCLT in a proceeding under the Code- M/s Embassy Property Developments Pvt. Ltd Vs. State of Karnataka & Ors – Supreme Court

Though NCLT and NCLAT would have jurisdiction to enquire into questions of fraud, they would not have jurisdiction to adjudicate upon disputes such as those arising under MMDR Act, 1957 and the rules issued thereunder, especially when the disputes revolve around decisions of statutory or quasijudicial authorities, which can be corrected only by way of judicial review of administrative action. Hence, the High Court was justified in entertaining the writ petition.

Whether the High Court ought to interfere, under Article 226/227 of the Constitution, with an Order passed by the NCLT in a proceeding under the Code- M/s Embassy Property Developments Pvt. Ltd Vs. State of Karnataka & Ors – Supreme Court Read Post »

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