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TMI Blog2020 (3) TMI 1266X X X X Extracts X X X X X X X X Extracts X X X X ..... an Kumar Sinha, Member (J) We have heard the Ld. Counsel appearing for the Applicant. He fairly submitted that invoices of dated 06.07.2015 thereafter the Corporate Debtor has acknowledged his debt in his ledger account on which the applicant annexed at Page 77. He further submitted that it is also fact that the present application has been filed on 15.06.2015. He further submitted thereafter sev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 30.09.2019 and AIR 2018 SCC 3240. By placing reliance on these decisions, Ld. Counsel for the applicant submitted that in view of the decision in Daya Singh and Others Vs. Gurudev Singh and Others 2020 right to sue accrues arise when there is infringement of rise and in the case the right of sue accrues when the respondent refused to pay the amount. Now in the light of submissions raised on beh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication for which no period of limitation is provided elsewhere in this Division. Three years When the right to apply accrues Mere plain reading of the Article 137 of the Limitation Act shows that any other application for which no period of limitation is provided elsewhere in this division the application must have been filed within three years, when the right to apply accrues ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed the application within three years from 14.03.2016 i.e. on or before 13.03.2019 but the present application is filed on 15.01.2020, that is much after the period of three years from the date of acknowledgement. At this juncture, we would like to refer submissions made on behalf of the Ld. Counsel appearing for the applicant. In course of arguments he has placed reliance upon the decision re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in case of IBC, and therefore, that decisions will not help the applicant rather it Corroborate our contentions that the Limitation runs from the date when the right to apply accrues that is either from the first date of debt become due or the date when it was acknowledged. Since the acknowledgement was made on 14.03.2016 and the present application has been filed on 15.01.2020 therefore, the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X
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