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TMI Blog2024 (11) TMI 728X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Section 7 application cannot disentitle the Financial Creditor to bring on record the said documents when plea was raised in the Reply by the Corporate Debtor that application is barred by time. The power of the Court to accept the rejoinder and document is not being questioned. When the issue of limitation is raised, it is duty of the Court to decide the question of limitation even if no defence is raised and for deciding the question of limitation party are at liberty to file relevant documents. When the Corporate Debtor questioned the application as barred by time, it was open for the Financial Creditor to bring on record the relevant documents claiming acknowledgment of the Corporate Debtor. There are no error in the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... placed reliance on the judgment of this Tribunal in Company Appeal (AT) (CH) (Ins) No.87 of 2023, State Bank of India vs. India Power Corporation Ltd. , para 23. 3. Learned counsel for the Respondent submits that the Section 7 application has already been heard and reserved for orders and this Appeal which was filed by the Appellant on 26.01.2024 is now sought to be argued. 4. We have considered the submissions of learned counsel for the Appellant as well as learned counsel for the Respondent and perused the record. 5. The Adjudicating Authority in the impugned order in Para 2 has noticed the documents which were sought to be brought on the record, which is as follows: 2) The present Interlocutory Application has been filed by the Corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Appellant of this Tribunal, the observation made in the judgment clearly indicate that the rejoinder can be accepted with the leave of the Court and necessary additional pleading can be heard which is necessary for just decision by the Bench. The power of the Court to accept the rejoinder and document is not being questioned. When the issue of limitation is raised, it is duty of the Court to decide the question of limitation even if no defence is raised and for deciding the question of limitation party are at liberty to file relevant documents. When the Corporate Debtor questioned the application as barred by time, it was open for the Financial Creditor to bring on record the relevant documents claiming acknowledgment of the Corporate Deb ..... X X X X Extracts X X X X X X X X Extracts X X X X
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