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2021 (12) TMI 1317 - NATIONAL COMPANY LAW TRIBUNAL NEW DELHI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - Time Limitation - HELD THAT:- On page 11 part 4, the applicant referred to the email dated 27.04.2017, on the basis of which, the applicant claimed the amount which is in default, and it is found that the date of default mentioned in the application is 30.12.2016 whereas the present application is filed on 13.03.2020. In view of Article 137, the applicant is required to file the application within 3 years when the right to apply accrues - the date of default referred at page 11 and accordingly, the date of default, is 30.12.2016. On the basis of that, it can be said that applicant admits that the date of default is 30.12.2016 and since as per the termination letter dated 30.11.2016, the last working date of the applicant was 30.12.2016, therefore, the date of default is 30.12.2016. In this case the date from which debt fell due was 30.12.2016, therefore, the right to apply accrues on 30.12.2016 and the present application was filed on 13.03.2020 which is beyond 3 years of date of default. Hence, the application is barred by limitation. The e-mail dated 27.04.2017 at page 52 sent by Mahesh Venkateswaran to Mr. Mohan i.e. Applicant shows that that the HR of the Corporate Debtor will process an additional F & F payment which covers the Unpaid notice period amount and the internal rating of the Applicant as per records does not provide for any variable payment or increment and e-mail dated 15.02.2017 at page 32 sent by Corporate Debtor to the Applicant shows that the applicant was informed that apart from ₹ 18,584/- nothing more is payable to the Applicant and outstanding would be processed within 15 days subject to the acknowledgement of the same by the Applicant. Further, the waiver of the notice period of 2 months was also communicated to the Applicant by the Respondent by way of relieving letter dated 06.01.2017. The present application is barred by limitation - Appeal dismissed.
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