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TMI Blog2024 (9) TMI 1178X X X X Extracts X X X X X X X X Extracts X X X X ..... 9.01.2021 whereby the main petition alongwith IA No.11/2020 and 12/2020 was dismissed by the Adjudicating Authority, Guwahati Bench at Guwahati. 2. The application under Section 9 of the IB Code, 2016 was filed by the Operational Creditor on 29.06.2018 against the Corporate Debtor for defaulting for a sum of Rs.1,95,28,552/- due in respect of the work done qua fabrication and erection of steel structure at the plant of the Corporate Debtor situated in Meghalaya. 3. The two work orders, issued by the Corporate Debtor, in favour of the Operational Creditor were dated 13.08.2010 and 20.11.2010. The work was duly completed and a completion certificate dated 15.02.2013 was also issued. The operational creditor raised 81 invoices in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olvency) No.97/2019 and it was allowed and the Ld.NCLT was asked to allow the operational creditor to file all necessary documents to show that its claim is within the limitation by way of filing the rejoinder. 6. The appellant then moved an application being IA No.14/2019 before Ld. NCLT calling upon the Corporate Debtor to produce trial balance, ledger account, balance sheet and other financial statements of the Corporate Debtor for the financial years from 2011-12 to 2017-18 as the ledger of the corporate debtor showed an amount of Rs.48 lakhs due to appellant in February 2013. 7. During the pendency of IA 14/2019, the Corporate Debtor sought clarification of the order dated 30.01.2019. This Ld. Tribunal by its order dated 29.03.2019, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he last payment was received by the Operational Creditor on 11.02.2013. 19. The Hon'ble Supreme Court of India in its judgement dated 14.08.2020 rendered in Civil Appeal No.6347 of 2019 in the case of Babulal Vardharji Gurjar Vs Veer Gurjar aluminium Industries Pvt Ltd & Anr held that an application under the Insolvency & Bankruptcy Code seeking CIRP in respect of the Corporate Debtor having been filed after a period three years from the date of default is barred by limitation. 20. Considering the arguments advanced by the counsels of both the parties, papers/documents made available before this Bench, the observations mentioned in the Points 15, 15.1 to 15.6, 17 and the Judgements of the Hon'ble Supreme Court in the cases of B.K. Educa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ground of limitation, the appellate authority has affirmed the judgment of the adjudicating authority primarily on the ground that there was a pre-existing dispute and on limitation. 10 From the narration of the facts which have been set out above, it appears to this Court that the appellant has a serious grievance on whether the order of the adjudicating authority for the production of documents was complied with. Production of documents was sought to establish that there was an acknowledgment of debt. 11 The impugned order of the NCLAT has not entered any finding of fact on whether there was compliance of the order for production of documents. Though it was urged by the respondent that the order for production of documents had be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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