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2021 (8) TMI 945 - Tri - Insolvency and BankruptcyMaintainability 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:- The Operational Creditor issued demand notice on 30.01.2019 (annexed at annexure 2 at page No. 12 to the company Petition under section 8 of the Code calling upon the Corporate Debtor to pay the above amount of ₹ 5,99,638/-. It was mentioned in the said notice that the date of default is 31.03.2016. The Operational Creditor also annexed the statement of account relating to the Corporate Debtor as per his books of accounts annexed as Annexure No. 4 at Page 16 to the Company Petition covering from the period 29.07.2015 to 31.03.2016 - As per section 34 of the Evidence Act, mere entries in the books of accounts is not enough to charge the other persons with liability. It is well settled proposition of law that the Operational Creditor or a plaintiff is not entitled for automatic order of admission simply because the defendant did not file any reply nor advance any arguments - this Tribunal is of the considered opinion that the above Company Petition is barred by limitation and is liable to be rejected - Petition dismissed.
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