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TMI Blog2023 (5) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... ho claimed to be `Operational Creditor raised 187 different invoices for the Digital Classroom Solution Services provided for the period between 12.03.2011 and 30.06.2017. The amount under different invoices were unpaid, which gave rise to the appellant to initiate the proceedings under Section 9 of the IBC before the NCLT. The NCLT considering the starting point of limitation as 12.03.2011 held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the ground that the claim is barred by limitation are hereby quashed and set aside and now the matter is remitted to the NCLT to consider Section 9 application afresh in accordance with law and on its own merits - Petition allowed. - CIVIL APPEAL NO.1775 OF 2021 - - - Dated:- 27-3-2023 - HON'BLE MR. JUSTICE M.R. SHAH AND HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Appellant(s) Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the claim was barred by limitation, the original applicant has preferred the present appeal. At the outset, it is required to be noted that, in fact, the appellant herein, who claimed to be `Operational Creditor raised 187 different invoices for the Digital Classroom Solution Services provided for the period between 12.03.2011 and 30.06.2017. The amount under different invoices were unpaid, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent has pointed out that, as such, the respondent is a going concern and commercially viable and has already paid Rs.4.5 crores to the appellant and, therefore, there is no question of declaring it as insolvent. The aforesaid aspects are required to be considered by the NCLT. However, the view taken by the NCLT that the claim is barred by limitation is unsustainable. In view of the abo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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