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2021 (8) TMI 910 - AT - Insolvency and BankruptcyNon-payment of salary is recurring cause of action - absence of any claim between the parties the Appellant - Time limitation - HELD THAT:- All the Appeals being hit by limitation is concerned that in view of order dated 23.03.2020 passed by Hon’ble Supreme Court in Suo Motu Writ Petition (Civil) No(s). 3 of 2020 [2020 (5) TMI 418 - SC ORDER] “in re –cognizance for extension of limitation” has held that “it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings.” Thus, all these Appeals filed by the Appellants are covered by the directions passed by the Hon’ble Supreme Court. There is no illegality in the impugned orders. The Ld. Adjudicating Authority have rightly dismissed the Applications under Section 9 of the IBC filed by the Appellants by observing that if for delayed payment applicant(s) claim any interest, it well be open to them to move before a court of competent jurisdiction for recovery of interest, but initiation of Corporate Insolvency Resolution Process is not the answer. There is no merit in these Appeals - Appeal dismissed.
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