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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 ..... ppearing Parties : Surekha Raman, Advocate. ORDER 1. The Appellant - 'Bombay Stock Exchange Limited.' (hereinafter referred to as 'BSE Ltd.') filed application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for short 'I & B Code') for initiation of Corporate Insolvency Resolution Process against 'Neo Corp International Ltd.' (Corporate Debtor). The A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pears 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. 4. It is true that Limitation Act, 1963 is applicable in terms of Section 238A of the I & B Code. For the purpose of filing application under Section 9, Part II of the Schedule of Limitation Act, 1963 wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice on Corporate Debtor having returned undelivered, we directed the Appellant to take publication of notice in the Newspapers intimating the Corporate Debtor the next date of hearing. Inspite of publication of notice in two newspapers namely Times of India' (English), Mumbai Edition and 'Loksatta' (Marathi), Mumbai Edition, the Corporate Debtor failed to appear before this Appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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