Section 238A of IBC – Insolvency and Bankruptcy Code, 2016 : Limitation

The Insolvency and Bankruptcy Code, 2016

Part-V Miscellaneous

Section 238A: Limitation.

1[238A. The provisions of the Limitation Act, 1963 shall, as far as may be, apply to the proceedings or appeals before the Adjudicating Authority, the National Company Law Appellate Tribunal, the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal, as the case may be.]


1. Ins. by the IBC (Second Amendment) Act, 2018, w.e.f. 06.06.2018. However, In B.K. Educational Services Pvt. Ltd. Vs. Parag Gupta and Associates[2018] 32 SC, Hon’ble Supreme Court held that the Limitation Act, 1963 is applicable to applications filed under Sections 7 and 9 of the Code from the inception of the Code.

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