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2021 (8) TMI 625

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..... ed on 16.10.2019 - HELD THAT:- Apart from the decree passed by the Principal District Judge, Kadapa on 02.06.2014, the Operational Creditor has not attached any other document in order to show proof of the debt. Further, in Part-IV of the Application, the Operational Creditor has mentioned the date of default clearly as 02.06.2014 and it is an undisputed fact that the present Application has been .....

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..... led to place on record any iota of document recognized under the law to substantiate that the debt falls well within the period of limitation - the debt as claimed by the Operational Creditor is time barred and as such the Application filed by the Operational Creditor stands dismissed as not maintainable. - SR/1663/2019 - - - Dated:- 15-7-2021 - Sucharitha R., Member (J) And Anil Kumar B., Mem .....

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..... Counsel for the Petitioner was directed to satisfy this Tribunal on the ground of limitation. Thereafter, due to second wave of Covid-19 pandemic, the matter was adjourned and finally heard on 06.07.2021. 4. The facts which are relevant in order to decide the maintainability of the present Application are as follows; (i) The Operational Creditor supplied papers to the Corporate Debtor duri .....

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..... rporate Debtor and seeking thereof to initiate CIRP in relation to the Corporate Debtor. 5. From the documents placed on record, it is seen that apart from the decree passed by the Principal District Judge, Kadapa on 02.06.2014, the Operational Creditor has not attached any other document in order to show proof of the debt. Further, in Part-IV of the Application, the Operational Creditor has m .....

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..... 7. Thus, from the very documents filed by the Operational Creditor, we are of the considered view that the debt as claimed by the Operational Creditor is time barred and the Operational Creditor has failed to place on record any iota of document recognized under the law to substantiate that the debt falls well within the period of limitation. Hence this Adjudicating Authority, based on the doc .....

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