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2020 (5) TMI 173 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Period of limitation - case of appellant is that the impugned judgment dated February 18, 2019 and order dated February 22, 2019 have been passed by the Adjudicating Authority ex parte without giving adequate notice and without hearing the "corporate debtor" - existence of dispute or not - time limitation - HELD THAT:- The first respondent raised Invoice No. 550, dated October 11, 2011 for ₹ 9,60,841 ; Invoice No. 785, dated December 21, 2011 for ₹ 8,43,795 and Invoice No. 885, dated January 20, 2011 for ₹ 4,50,024 (total ₹ 22,54,660). According to the first respondent out of the said amount a sum of ₹ 16,95,000 had been paid by the "corporate debtor" and the last amount paid in March, 2014. According to the first respondent with a view to recover the balance amount of ₹ 5,59,660 a Summary Suit No. 217 of 2014 was filed in the Court of Senior Civil Judge, Ahmedabad (Rural), A. Mirzapur, Ahmedabad-I wherein ex parte decree was passed against the "corporate debtor" on October 19, 2016 for ₹ 5,59,660 with simple interest at 8 per cent. per annum from the date of filing of the suit till the date of its realization - Thereafter, the amount having not paid the demand notice in Form 3 under section 8(1) was issued on February 15, 2017 followed by filing of petition under section 9. The facts as noted and detailed makes it clear that the claim of the first respondent is not barred by limitation. The case should not be remitted which will be otherwise futile exercise, as there is a "debt" payable by "corporate debtor", who defaulted and the claim being not barred by limitation, the application has been rightly admitted - appeal dismissed.
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