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2019 (9) TMI 1330 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - time limitation - HELD THAT:- During the course of hearing, the respondent-corporate debtor has never denied the liability due nor has challenged the veracity of the invoices being attached as Annexure A-3 of the petition. Hence, there is no dispute as to the liability in respect of supplies in the form of grocery and goods between the operational creditor and the respondent-corporate debtor. We agree with the submission made by the respondent's counsel with regard to the limitation. Admittedly, the instant petition is filed basing on the goods supplied in the month of September, 2014 and the corresponding invoices issued thereon i.e. in the month of September, 2014 itself. Thereafter, there was no payment made by the respondent-corporate debtor, which can extend the period of limitation. There was no acknowledgement of debt, except seeking information with regard to the claim of the petition, by the Administrator of the respondent-corporate debtor. The petition is dismissed being barred by the period of limitation.
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