Applicability of Limitation Act to IBC 2016 in case of Continuing Debt NCLAT

Applicability of Limitation Act to IBC 2016 in case of Continuing Debt NCLAT

Mack Soft Tech Pvt. Ltd. Vs. Quinn Logistics India Ltd. [CA (AT) (Insolvency) No. 143 of 2017]

In this matter, the appellant did not dispute that it had taken debt and did not repay. It, however, took the plea that the amount so paid was time barred.

The NCLAT observed that there is a continuous cause of action as evident from the books of account of the appellant and hence the application under

section 7 of the Code cannot be held to be barred by limitation.

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