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2020 (12) TMI 1053 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - time limitation - HELD THAT:- The petitioner has placed on record the last invoice/challan dated 04.03.2016, whereas the instant petition is filed on 19.09.2019 i.e. beyond three years from the date of the last invoice. Therefore, the instant application is barred by limitation. On perusal of the record it is found that the petitioner has claimed interest @ 18% per annum. It is found that the petitioner has failed to put on record any document in support of its claim that interest @ 18% will be levied upon the default, more so when the tax invoice is silent on such aspect, claim of the petitioner is bad in the eye of law - the petitioner has put on record certificate/statement from the bank to the effect no payment is received through RTGS/NEFT during the period from 27.08.2019 to 16.09.2019 which has no relevance with the claim since the transactions had taken place during the period from 18.12.2015 to 04.03.2016. The application, so filed by the applicant is not maintainable - Petition dismissed.
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