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2020 (2) TMI 478 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - time limitation - HELD THAT:- Considering the fact that the Appellant/‘Corporate Debtor’ had made a payment of three Lakhs through Cheque on 18.03.2015 and that the said payment was made after the issuance of Loan Recall notice dated 06.05.2014 and later a demand notice dated 17.08.2017 was issued by the Respondent to the Appellant / ‘Corporate Debtor’ and co-borrower in respect of the loan agreement dated 28.03.2018 where the ‘Corporate Debtor’ had agreed to pay ₹ 1,08,755/- per month beginning from 30.03.2013 to 30.03.2016 and also this Tribunal keeping in mind that the application u/s 7 of the ‘I&B’ Code was filed by the Respondent / Applicant before the Adjudicating Authority on 16.12.2017, this Tribunal comes to a consequent conclusion that the claim of the Respondent / Applicant is not barred by the plea of Limitation. The present Appeal fails and the same is dismissed but without costs.
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