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2018 (6) TMI 1790 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to pay Annual listing fee - Operational Creditors - existence of debt and dispute or not - time limitation - HELD THAT:- On perusal of the Form - 5 under Adjudicating Authority Rules filed by the Petitioner, this Bench has noticed that the Petitioner itself has mentioned in the petition that the default date as 1.4.2014, when this Bench has put it to the Petitioner Counsel as to whether this debt has been acknowledged or part payment has been made by this Corporate Debtor at any point of time after 1.4.2014, since this Counsel has stated that the Corporate Debtor has neither acknowledged nor made any part payment after 1.4.2014, this Bench is of the view that this Petition is hit by the Limitation Act, 1963 as envisaged under Section 238A of the I&B Code. For the limitation period of three years reckoning from 1.4.2014 is over by the time this company Petition has been filed by the petitioner, i.e., on 8.12.2018 this Bench hereby holds that this Petition is hit by Section 238A of the Insolvency & Bankruptcy Code - Petition dismissed.
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