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TMI Blog2021 (2) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... R MISHRA, MEMBER (TECHNICAL) For the Appelant : Mr. Nirmal Goenka, Advocate. For the Respondent : None ORDER The issue raised in this appeal against order dated 5th August, 2020 passed by the Adjudicating Authority (National Company Law Tribunal), Cuttack Bench, Cuttack in TP No.202/CTB/2019 arising out of CP(IB) No.4202/MB/2018 dismissing the Appellant's application under Section 7 of the Ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2002 passed by the DRT, Jabalpur in OA No.196/2000 in terms whereof the Corporate Debtor had been directed to pay a total sum of Rs. 14,20,80,104.61/- along with costs and interest. As per assertion in application filed before the Adjudicating Authority in prescribed format the decree in respect of the aforesaid amount which is duly reflected in the recovery certificate, has not been assailed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... October, 2002 culminating in issuance of Recovery Certificate which is pending execution before the Recovery Officer. Thus, computed from the date of classification of account of Corporate Debtor as NPA or even from the date of issuance of Recovery Certificate, filing of application under Section 7 on 29th October, 2018 is beyond three years. It is by now settled that Article 137 of the Limitatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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