2018 (9) TMI 849

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..... by limitation, but such submission cannot be accepted in view of the decision of this Appellate Tribunal in “M/s. Speculum Plast Pvt. Ltd. V/s. PTC Techno Pvt. Ltd. ─Company Appeal (AT) (Insolvency) [2017 (12) TMI 454 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI]”, wherein this Appellate Tribunal held that the ‘Limitation Act’ will not be applicable to the proceeding under ‘I&B Code’ .....

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..... .A. Venkata Subramanian and Mr. K. Moorthy, Advocates ORDER This appeal has been preferred by the Appellant against the order dated 9th April, 2018, passed by the Adjudicating Authority (National Company Law Tribunal), Chennai Bench, whereby and whereunder the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as I B Code ) preferred by .....

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..... s were not enclosed by the Operational Creditor as is required under the law, but in absence of any specific pleading, such arguments cannot be accepted. If there was any defect in the application, it was open to the Appellant to point out the same to the Adjudicating Authority to enable the Operational Creditor to cure the defects. However, as there is nothing on the record to suggest that th .....

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