Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2017 (9) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (9) TMI 1904 - NATIONAL COMPANY LAW TRIBUNAL, CHENNAIMaintainability of petition - suppression of material facts - allegation that corporate debtor has faded to bring to notice of the operational creditor an existence of a dispute or a pendency of a suit or arbitration proceedings filed before the service of the demand notice - HELD THAT:- As per submissions of the petitioner's counsel, the date of last invoice was raised on 09.10.2013, therefore the claim is time barred. Further, the petitioner has suppressed the fact of giving reply to the Demand Notice by the respondent which indicates that the affidavit filed by the petitioner is not correct and false. Therefore, it is clear that the petitioner has suppressed the material fact before this Adjudicating Authority. The petition cannot be admitted due to suppression of material of material fact - petition dismissed.
|