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2018 (12) TMI 1709 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI.Maintainability of application - initiation of CIRP - Corporate Debtor - condonation of delay - time limitation - section 9 of the Insolvency and Bankruptcy Code, 2016, read with rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rule, 2016 - HELD THAT:- In the present application, the applicant has failed to explain the delay as their claim pertains to the year 2012, which is beyond the limitation period of 3 years. The same should not be entertained for triggering Corporate Insolvency Resolution Process under Section 9 of the Code. The petition is dismissed, primarily on the grounds of limitation and also as the entire principal operational debt has been paid before filing of the petition. The only outstanding is of interest, which does not qualify as an operational debt u/s 5(21) of the Code.
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