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2021 (3) TMI 718 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - default on the part of Corporate Debtor in repayment of an amount together with the agreed rate of interest, to Financial Creditor - existence of Operational Debt or not - HELD THAT:- Although, this ‘Tribunal has held that the instant Company appeal on the file of this Appellate Tribunal is not maintainable in Law, yet it grants liberty to the Appellant/Applicant/Corporate Debtor to raise the plea of ‘Limitation’ in main Section 7 Application IB No.IBA/46/KOB/2019 filed under ‘Insolvency & Bankruptcy Code’, being a “question of Fact and Law”. It is open to the Appellant’s side to raise a plea of veracity/admissibility of “True extract of Statement of Accounts” maintained by the ‘Respondent/Corporate Debtor” as made mention of in the “impugned Order’ of the ‘Adjudicating Authority’ in KERALA AYURVEDA LIMITED VERSUS TATA GLOBAL BEVERAGES LIMITED [2021 (1) TMI 615 - NATIONAL COMPANY LAW TRIBUNAL KOCHI BENCH], in which event, the ‘Adjudicating Authority (National Company Law Tribunal, Kochi Bench, Kerala) shall permit the ‘Appellant/Applicant/corporate Debtor in this regard. Application disposed off.
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