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2019 (3) TMI 1442 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process - pre-existing dispute in regard to the quality of goods supplied by the Operational Creditor to the Corporate Debtor as alleged - Application as barred by the Laws of Limitation as alleged - HELD THAT:- There are proofs of delivery of invoices in the case in hand. Corporate Debtor has failed in proving a pre-existing dispute in regard to the quality of goods and rate of goods evidently delivered to the Corporate Debtor in the light of the proposition laid down in the above cited decisions. The dispute raised by way of issuing reply notice is not at all a pre-existing dispute. It cannot be ruled out that the dispute raised in the case in hand is a dispute to stage-manage false evidence so as to defeat the claim of the Operational Creditor. This point is answered accordingly. Period of limitation - The Application seen filed after 31/2years of the starting of period of limitation. There is no acknowledgment in writing as laid down under Section 18 of the Limitation Act, 1963 in the case in hand. Applying Section 19 of the Limitation Act, 1963, the period of limitation in the case in hand would run from the payment of part consideration of the amount due i.e. 01-07-2014. It is significant to note here that the Code has been amended by adding Section 238A to Section 238 of the Code by applying the provisions of the Limitation Act, 1963 to the proceedings or appeals before the Adjudicating Authority. That being so, no doubt the application in the case in hand has been filed beyond the period of limitation and therefore, even if the Corporate Debtor has failed in establishing a pre-existing dispute, the application is not maintainable as per the law of limitation. This point is answered accordingly. The application filed under section 9 of I&B Code, is complete, however, the Applicant failed to prove that the application is maintainable as per the provisions of Limitation Act,1963. The claim of the Operational Creditor/Applicant is found barred by Law of Limitation. Therefore, the application is liable to be dismissed.
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