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2023 (3) TMI 242 - Tri - Insolvency and BankruptcyMaintainability of petition - seeking initiation of Corporate Insolvency Resolution Process (CIRP) - Financial Creditors failed to make repayment of its dues - Non-Performing Assets (NPA) - Time Limitation - HELD THAT - On perusal of the records, it is noticed that this Application has been filed on 30.03.2021 and the Date of NPA and Date of Default is stated to be 31.03.2017 and 02.12.2016 in the Part-IV of the Petition. Further, the Date of Default as per record of default with Information Utility is stated to be 01.03.2017. In view of this, the present Application having been filed on 30.03.2021 is barred by limitation in view of Date of Default as per Part-IV date as well as per IU Records. The Financial Creditor has already filed Financial Statement till 31.03.2016. Since this financial statement has been signed on 13.12.2016, it does not save the case of the Financial Creditor. As the limitation period expires before 24.03.2020, the enlargement of period as granted by Hon ble Supreme Court on account of Covid-19 is not applicable in the Present Petition filed by the Financial Creditor. In view of this the Present Petition filed by the Financial Creditor for imitating CIRP against the Corporate Debtor is barred by law of limitation and hence is liable to be dismissed.
Issues:
1. Application for initiation of Corporate Insolvency Resolution Process under section 7 of Insolvency & Bankruptcy Code, 2016. 2. Default amount claimed by the Financial Creditor. 3. Date of default and limitation period. 4. Admittance of liability by the Corporate Debtor. 5. Applicability of the period of limitation and Covid-19 extension. Analysis: 1. The application filed sought the initiation of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor by the Financial Creditor under section 7 of the Insolvency & Bankruptcy Code, 2016. 2. The Financial Creditor claimed a total default amount of Rs.28,26,69,996/-, including interest and penal interest, based on a Corporate Loan and Short-Term Loan provided to the Corporate Debtor. The Financial Creditor supported its claim with a Ledger Statement and other relevant documents. 3. The discrepancy in the Date of Default and the Date of NPA was noted, with the Financial Creditor relying on the Hon'ble Supreme Court decision to extend the period of limitation. However, the Tribunal found that the application, filed on 30.03.2021, was barred by limitation as the Date of Default was deemed to be 02.12.2016, making the petition time-barred. 4. The Corporate Debtor admitted to the loans but disputed the outstanding amount claimed by the Financial Creditor. Despite acknowledging the loans, the Corporate Debtor expressed its inability to repay the debt, further supporting the Financial Creditor's claim. 5. The Tribunal highlighted that the limitation period had expired before the Covid-19 extension granted by the Hon'ble Supreme Court, rendering it inapplicable to the present petition. Consequently, the petition for initiating CIRP against the Corporate Debtor was dismissed on the grounds of being time-barred. Judgment: The Tribunal, comprising Mr. Prabhat Kumar and Mr. Kishore Vemulapalli, rejected the application filed by STCI Finance Limited, the Financial Creditor, seeking the initiation of Corporate Insolvency Resolution Process against Man Infraprojects Limited, the Corporate Debtor, under section 7 of the Insolvency & Bankruptcy Code, 2016. The Tribunal clarified that the dismissal should not prejudice the petitioner's rights before any other judicial forum and that the observations made in the order should not be construed as expressing an opinion on merits.
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