TMI Blog2021 (8) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Sucharitha R., Member (J) 1. The present Application is filed by the Operational Creditor viz. Shree Padmavathi Papers, under Section 9 of Insolvency and Bankruptcy Code, 2016, seeking thereof to initiate Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor viz. M/s. Cholan paper and Board Private Limited. 2. It is seen that the Registry of this Tribunal has poste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he dues by the Corporate Debtor for a sum of Rs. 6,43,176/-. (ii) The Operational Creditor has filed a original suit before the Principal District Judge, Kadapa O.S. No. 90/2013 which came to be decreed for a sum of Rs. 10,63,600/- vide Judgment dated 02.06.2014. (iii) Thereafter, the Operational Creditor has sent a Demand notice under Section 8 of IBC, 2016 to the Corporate Debtor on 19.09.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Application has been filed before this Tribunal on 16.12.2019. Also, the Operational Creditor has failed to place on record any document to show that the debt claimed by them, is well within the period of limitation. 6. It is also seen that the Operational Creditor has clearly slept over his rights to enforce the purported decree in accordance with law against the Corporate Debtor within the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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