Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2022 (10) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (10) TMI 289 - NATIONAL COMPANY LAW TRIBUNAL , MUMBAI BENCHMaintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - time limitation - petition filed beyond period of three years - HELD THAT:- The Corporate Debtor has brought to notice that the present Petition is barred by limitation. The invoice is dated 11.06.2015, which is stated to be the date of default by the Operational Creditor in Part IV of his petition and the present petition is filed on 13.03.2019, which is beyond the period of three years. Hence, the present petition is clearly barred by limitation. Rebutting the same, the Operational Creditor has relied upon the terms mentioned in the contract, however no copy of the contract has been annexed to the petition by the Operational Creditor to establish this very fact. Thus, without going into the merits, it is held that the present Petition is completely misconceived and non-maintainable. Petition dismissed.
|