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2021 (7) TMI 668 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to pay the defaulted payment of installment - account declared as Non-Performing Asset - the Respondent Bank has mentioned the date of default as 07.06.2016, whereas, under Section 7 an Application was filed by Respondent Bank on 06.06.2019 - time limitation - HELD THAT:- An application under Section 7 of the IBC was filed by Respondent No. 1/ Financial Creditor, namely, the Bank of India on 04.06.2019. Further, from the perusal of the application Part-4 Volume-I of the Appeal Paper Book marked at Page-38 the date of default is mentioned as 07.06.2016 - The Appellant in the Reply Affidavit filed before the Adjudicating Authority Para 4 at Page- 65 of the Appeal Paper Book, Volume- I has already stated that 07.06.2016 is the date when the account of the Appellant was declared NPA. And in Para-9 of the Reply Affidavit marked at Page- 67 of the Appeal Paper Book, they have admitted that the installment of month of January, 2019 remain unpaid so the default date started on 30.01.2016. There is a clear acknowledgment on behalf of two Directors one who have died subsequently. There is no illegality in the Impugned Judgement passed by the Adjudicating Authority and Impugned Judgement is hereby affirmed - there is no merit in this Appeal - Appeal dismissed.
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