The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, has held that a Corporate Insolvency Resolution Process (CIRP) application that is barred by limitation under Section 9 of the Insolvency and Bankruptcy Code, 2016, cannot be revived by the mere issuance of a demand notice under Section 8. The Appellate Tribunal has dismissed the appeal and reiterated that the issuance of a Section 8 notice does not extend or give rise to a fresh period of limitation.
The appellant Haabia Resources Private Limited, an operational creditor filed an appeal against the order passed by the NCLT, rejecting its Section 9 application on the ground that it was time-barred. The claim made by the operational…