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TMI Blog2024 (3) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... ptcy X X X X Extracts X X X X X X X X Extracts X X X X ..... ant submits that the Appellant is entitled for the benefit of Section 14 of the Limitation Act and period during pendency of Writ Petition and SLP was pending should be excluded. 4. Learned Counsel for the Respondent submits that even if the period is excluded, the Appeal filed against the order dated 11.10.2023 is beyond 15 days after expiry of the limitation and after exclusion of the period du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Adjudicating Authority cannot ask the Appellant to submit to the jurisdiction before the Adjudicating Authority when the application was beyond time. It is submitted that the question of limitation is jurisdictional fact and when the application is barred by time, Adjudicating Authority has no jurisdiction to consider the application. 6. We have considered the submissions of the counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has referred to earlier order dated 11.10.2023 where Adjudicating Authority expressed its prima facie opinion with regard to limitation as well as on the default. When the Adjudicating Authority has granted time to the Respondent to file reply, it is always open for the Corporate Debtor to raise all issues including the issue of limitation and the issue of default. We only observe that the prima f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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