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TMI Blog2021 (11) TMI 249X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner. This Bench also notes that no reply to the demand notice was given by the Respondent. The last date of any part payment/acknowledgment is 04.04.2014 and the Petition has been filed on 16.02.2021 i.e. after more than six years from the date of any part payment/acknowledgment. Therefore, the Petition is heavily time-barred in terms of relevant provisions of the Limitation Act, 1963. Petition dismissed. - CP No. 287/MB-V/2021 - - - Dated:- 4-10-2021 - Suchitra Kanuparthi, Member (J) And Chandra Bhan Singh, Member (T) For the Appellant : G. Murli, Adv. For the Respondents : Shyam Kapadia, D.V. Ashish Pyasi, Dinesh Jadhwani, Advs. i/b Avinash Khanolkar, Adv. ORDER Chandra Bhan Singh, Member (T) 1. This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner, the Corporate Debtor has failed to clear its dues. Thus, on account of non-payment of outstanding dues, on 16.10.2019, the Petitioner issued a Demand Notice, under Section 8 in Form 4 of the Code, demanding a sum of ₹ 33,12,196/- However, there was no reply from the Corporate Debtor for the demand notice issued by the Petitioner. A copy of the Demand Notice is annexed to the Petition. 6. The Petitioner submits that after issuing the demand notice the Petitioner came under Corporate Insolvency Resolution Process already started via Order dated 30.09.2019 in CP (IB) No. 184(MB)/2019 and the said company petition was withdrawn U/s. 12A of the Code, 2016, vide order dated 30.12.2019. 7. The cause of action arose on the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... limitation. The Demand Notice issued by the Petitioner on 16.10.2019 and the Petition was filed in the month of January 2021 and there is no justification is given by the Petitioner for filling the Petition after more than a year. 10. The Corporate Debtor initially raised the issue regarding the quantity and quality of the materials as the crane was not working for most of the time and the staff to operate the crane was not available on the site. The services provided by the Petitioner were not as per the requirements and specifications of the Corporate Debtor and after a point, the services were not provided at all. There is a certification that is required for the work done however in the present case the invoices are not certified so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment which has been received from the Corporate Debtor is on 04.04.2014. However, no acknowledgment anywhere on record has been issued by the Respondent regarding the payment due to the Petitioner. This Bench also notes that no reply to the demand notice was given by the Respondent. Here, we would like to mention that the Limitation Act of 1963 are applicable to the proceedings filed under IBC, 2016. The Bench further notes that the last date of part payment by the Corporate Debtor was made on 04.04.2014. The Bench also notes that subsequent to that, neither any acknowledgment of debt nor any part payment has been made by the Corporate Debtor. 16. The last date of any part payment/acknowledgment is 04.04.2014 and the Petition has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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