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2020 (1) TMI 592 - NATIONAL COMPANY LAW TRIBUNAL, CUTTACKMaintainability of application - initiation of CIRP - Section 9 of Insolvency and Bankruptcy Code, 2016 - period of limitation for claiming outstanding dues - HELD THAT:- The Insolvency and Bankruptcy Code was enacted only on 2016. Till such time we failed to understand as to why the petitioner has not made any attempt to claim the amount due and payable to it. The petitioner has not stated whether there is any pre-existing dispute between the petitioner and the respondent. Hence, when the documents filed before us are not reasonably proved whether the authorised signatory is backed by Board Resolution to sign this balance of confirmation is not proved. No facts, details and transactions during the period are also enclosed. It is settled position of law that the provisions of Code cannot be invoked for recovery of outstanding alleged amount - The Hon'ble Supreme Court in the case of Mobilox Innovations (P.) Ltd. v. Kirusa Software (P.) Ltd. [2017 (9) TMI 1270 - SUPREME COURT] has, inter alia, held that IBC, 2016 is not intended to be a substitute to a recovery forum. Petition dismissed.
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