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2020 (8) TMI 536 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - existence of debt and default - applicability of time Limitation - HELD THAT:- Keeping in view of provision of Section 18 of the Limitation Act and reading the same with the contents of letter dated 09.06.2016, the same needs to be construed as an acknowledgement of the debt outstanding and merely because in the document the Corporate Debtor mention that the proposal was given was without prejudice to the rights and contentions in pending Court proceedings, will not make any difference - when NPA was declared on 30.6.2009, the documents pointed out by the learned Counsel for the Appellant dated 24.04.2012 (page 277), 12.03.2014 (page-419) and 09.06.2016 (page-420) calculated from the date of NPA, give fresh periods of limitation and filing of Section 7 Application on 11.7.18 was not barred. The Adjudicating Authority erred in dismissing the Application under Section 7 of the IBC - matter is remitted back to the Adjudicating Authority - appeal allowed by way of remand.
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