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TMI Blog2019 (9) TMI 1665X X X X Extracts X X X X X X X X Extracts X X X X ..... r is being represented by Mr. Ritwil Mittal, Advocate, who has filed reply to the main Company Petition, more particularly, preliminary objections have been raised for the maintainability of the Petition on the grounds of limitation. This Tribunal is of the view that the Debit Note which has been raised on 31.3.2016 and which has been incorporated in the Ledger Account has been made for the purpose of these proceedings and which clearly shows that this Petition is time barred and obviously filed beyond the period of limitation. Petition dismissed. - IB-1743/ND/2019 - - - Dated:- 24-9-2019 - Sh. R. Varadharajan, Hon ble Member (Judicial) And Shri Kapal Kumar Vohra, Hon ble member (Technical) For the Petitioner/Op. Credito ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osed IRP. Part-V details about the documents which have been annexed along with the Petition in support of the claim, more particularly, Clause 8 of Part-V. The Petition has been filed by the OC through its Authorized Representative (AR) one Mr. Alok Rawat. From the Petition, based on averments made, it is evident that despite notice sent by the OC to CD, on 13.11.2017 and which it is stated to have been delivered on the next day and despite receipt of demand notice, since no payment has been received nor reply sent denying the claim as raised by the OC against the CD, the Petitioner is before this Tribunal seeking for the initiation of Corporate Insolvency Resolution Process (CIRP) of the CD. Upon notice, the Corporate De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idered as bonafide. On the contrary, Ld. Counsel for the CD represents that in relation to the point of limitation as raised in the reply, the CD is relying by the decision of the Hon ble Supreme Court as rendered as in B.K. Educational Services Private Ltd vs. Parag Gupta and Associates, 2018 SCC On Line SC 1921 and while relying on the said Judgment states that the dates of Invoices based on which the claim has been raised giving rise to the date of default or alternatively the last date of payment which has been made by the CD on 15.10.2015 giving rise to the cause of action and within 3 years from the said dates, the Petition should have been preferred before this Tribunal, however, this Petition has been filed on 04.12.2018 and i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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