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2018 (9) TMI 849 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICorporate Insolvency Resolution Process - application under Section 9 of the Insolvency and Bankruptcy Code, 2016 - limitation Act applicability - Held that:- As Appellant submitted that the claim related to the year 2010 and thereby it was barred by limitation, but such submission cannot be accepted in view of the decision of this Appellate Tribunal in “M/s. Speculum Plast Pvt. Ltd. V/s. PTC Techno Pvt. Ltd. ─Company Appeal (AT) (Insolvency) [2017 (12) TMI 454 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI]”, wherein this Appellate Tribunal held that the ‘Limitation Act’ will not be applicable to the proceeding under ‘I&B Code’. Then it is contended that the total records were not enclosed by the ‘Operational Creditor’ as is required under the law, but in absence of any specific pleading, such arguments cannot be accepted. If there was any defect in the application, it was open to the Appellant to point out the same to the Adjudicating Authority to enable the ‘Operational Creditor’ to cure the defects. However, as there is nothing on the record to suggest that the application under Section 9 of the ‘I&B Code’ preferred by the Respondent-‘Operational Creditor’ was defective, we reject the submission. No merit in this appeal.
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