9911796707
TMI Blog2022 (1) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... nvoices admitted to have been within limitation by the Corporate Debtor were also barred by limitation. This Bench has no hesitation in holding that the Company Petition is hopelessly barred by the limitation - Since the Company Petition is dismissed on the ground of limitation, this Bench feels that there is no necessity to make any observations or give findings on the other pleas raised by the Corporate Debtor in their reply. Company Petition is dismissed. - C. P. No. 3857/I&B/2019 - - - Dated:- 16-11-2021 - Hon ble Shri H. V. Subba Rao, Member (Judicial) And Hon ble Shri Chandra Bhan Singh, Member (Technical) For the Applicant : Mr. Shriray Khambeta, Advocate For the Respondent : Mr. Kunal Mehta, Advocate ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orate Debtor was irregular in payment for the services availed from the Petitioner and therefore from time to time,Petitioner have addressed various emails asking for clearing the outstanding amount. Pertinently, Corporate Debtor by their email dated 10th October 2017 sought for reconciliation of the accounts thereby admitting their liability for payment of the outstanding amounts to the Respondent. 5. Therefore, in spite of having admitted liability by the Corporate Debtor, the Corporate Debtor failed to make any payment towards the same and therefore Petitioner was constrained to issue a notice dated 8th March 2019 under Section 9 of the Insolvency and Bankruptcy Code, 2016 seeking for payment of a debt of ₹ 76,04,050/- being the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the record. Upon hearing the arguments on both sides and perusing the material on record this bench feels that the only issue that s need to be decided in the above Company Petition is i. whether the above Company petition is within the limitation? 9. The above Company Petition is filed claiming an amount of ₹ 76,04,050/- basing on the following 174 invoices covering the period from 31.03.2015 till 25.09.2016 mentioned under Annexure H annexed to Company Petition from pages 215 to 221 is as follows:- 10. It is very clear from the perusal of the relevant dates of invoices that none of the invoices are within 3 years prior to the date of filing the above Company Petition on 24.10.2019 and are all barred by limit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
