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TMI Blog2019 (4) TMI 2032X X X X Extracts X X X X X X X X Extracts X X X X ..... which shows the total amount payable including service tax for the year 2017-18, Swachh Bharat Cess and Krishi Kalyan Cess, totalling ₹ 5,57,959/-. It appears that the Adjudicating Authority failed to consider the aforesaid documents attached with Form-5 and came to a wrong conclusion that the application under Section 9 is barred by limitation - It is true that Limitation Act, 1963 is appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ating the Corporate Debtor the next date of hearing. Matter remanded to the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench to admit the application under Section 9 after notice to the Corporate Debtor to enable the Corporate Debtor to settle the matter in the meantime - appeal allowed by way of remand. - Company Appeal (AT) (Insolvency) No. 472 of 2018 - - - Dated:- 5-4- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he application is barred by limitation. 2. Learned counsel for the Appellant relied on Form-5, the application under Section 9 of the I B Code wherein particulars of operational debt of ₹ 5,57,959/- have been shown due since 1st April, 2014 till the date of filing. 3. From the record we find that invoices were also issued on 1st April, 2017, which shows the total amount payable inclu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arred by limitation then a person can take plea that there is no debt payable in law . In the present case, as we find that the invoice raised on 1st April, 2017 is more than Rupees One Lakh and a suit if filed will not be barred by limitation, the Corporate Debtor cannot take plea that the amount is barred by limitation. 7. The Adjudicating Authority before passing the impugned order dated 26 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jecting it on the ground of limitation. 8. In view of the aforesaid finding, we set aside the impugned order dated 26th June, 2018 and remit the matter to the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench to admit the application under Section 9 after notice to the Corporate Debtor to enable the Corporate Debtor to settle the matter in the meantime. However, in case, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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