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The Dictum of Right to Sue Accrues overlooked in Insolvency Cases

October 14, 2020[2020] 120 156 (Article)
The interplay between the Limitation Act, 1963 (“Limitation Act”) and the Insolvency and Bankruptcy Code, 2016 (“the Code”) has been a long debated issue even after the introduction of Section 238-A via the Insolvency and Bankruptcy (Amendment) Act, 2018. There have been numerous decisions where the Hon’ble Supreme Court has sought to provide clarity over the issues pertaining to limitation while respecting the objectives of the Code.
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