2022 (3) TMI 416

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rperson And [Dr. Alok Srivastava] Member (Technical) For the Appellant : Mr. Abhishek Chauhan, Advocate. ORDER (Virtual Mode) Heard learned counsel for the Appellant. None has appeared on behalf of the Respondent although notice has been served. The Affidavit of Service in compliance of the order dated 06.12.2021 has also been filed on 04.03.2022. 2. This Appeal has been filed against order d .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the Operational Creditor by the Corporate Debtor. The Adjudicating Authority by the impugned order dismissed the application. Para 14 of the impugned order contains the observations of the Adjudicating Authority on basis of which application was held as barred by time, which is to the following effect: " OBSERVATIONS 14. 14.1 The Operational Creditor has filed Application for the Operational .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n 9 already made mention of the acknowledgment which was given by the Corporate Debtor and last acknowledgment dated 31.05.2016 was specifically mentioned in the application. It is submitted that the Corporate Debtor has continuously given acknowledgment in each year which Account Confirmation has been brought on the record as Annexure A-6 from the year 2010 till 2016. 5. We may notice the Part I .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e Debtor from 01.04.2010 to 31.05.2016 were on the record of the Adjudicating Authority where the debt of Rs. 30,27,622/- was mentioned while confirming the account by the Corporate Debtor. The last confirmation of account being issued on 31.05.2016 for the period 01.04.2016 to 30.05.2016, we are of the view that the Appellant can clearly claim the benefit of Section 18 of the Limitation Act and a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... udicating Authority. The Adjudicating Authority after issuing notice to the Appellant may pass an order for admission of the application within a period of six weeks from the date copy of this order is produced before the Adjudicating Authority. Parties shall be at liberty to enter into settlement before the aforesaid date. Appeal is allowed accordingly.
Case laws, Decisions, Judgements, Order .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X