Arcelormittal Nippon Steel India Ltd. Vs. Palco Recycle Industries Ltd. and Ors. – NCLAT New Delhi
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Ishrar Ahmed Vs. ICICI Bank Ltd. and Anr. – Delhi High Court Read Post »
The Adjudicating Authority held that let us assume for argument sake without admitting that both the above cheques are true and genuine, yet one of the cheques was returned on 06.08.2016 and the above Company Petition being filed on 09.08.2019, is clearly barred in respect of that particular cheque. Even otherwise it is incorrect to say that the limitation would begin to run from the date of dishonour of cheques since the limitation would begin to run from the date of issue of the cheques and not from the date of return of the cheques as contended by the Operational Creditor. The above analogy holds good only for initiating proceedings against Corporate Debtor under Section 138 of Negotiable Instrument Act and not in recovery proceedings or initiating proceedings under the IBC Code. The delay caused by the Operational Creditor in presenting the cheque for collection cannot be exempted from computation of period of limitation since no person is entitled to take advantage of his own wrong as per the settled position of law.
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Cosmas Research Lab Ltd. Vs. State Bank of India and Ors. – Supreme Court Read Post »
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Sh. Raghav Jain Vs. Jalesh Kumar Grover RP, GPI Textiles Ltd. – NCLAT New Delhi Read Post »
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Nandini Constructions Vs. Tantia Constructions and Anr. – Supreme Court Read Post »
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Indian Overseas Bank Vs. Tax Recovery Officer-III – Madras High Court Read Post »
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Tej Satish Ghatge Vs. Opulent Autocare Pvt. Ltd. & Anr. – NCLAT New Delhi Read Post »
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Kanodia Infratech Ltd. Vs. Dalmia Cement (Bharat) Ltd. – Delhi High Court Read Post »