Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2022 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (3) TMI 995 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - time limitation - existence of forged signatures and creation/fabrication of documents, to establish a ‘Debt’ when no ‘Debt’ is owed by the Corporate Debtor to the 1st Respondent/Operational Creditor/Applicant or not - existence of debt and pre-existing dispute or not - contention of 1st Respondent is that the failure of the Company to pay its dues is a Continuing Breach and hence it is a continuous cause of action as per Section 22 of the Limitation Act 1963 - Whether the application filed by the first Respondent herein is within the period of limitation or barred by limitation? - Difference of Opinion. HELD THAT:- In view of the divergent judgments delivered by the Hon’ble Members, on 21st March, 2022, the Registrar of ‘NCLAT’, Principal Bench, New Delhi, is to place the record in Company Appeal (AT) (CH) (INS) No. 29 of 2022 together with the copies of the said judgments before the Hon’ble Chairperson of ‘NCLAT’, Principal Bench, New Delhi, for constituting an appropriate Bench / nominating the Hon’ble Third Member for rendering his Opinion / Decision in ‘Appeal’.
|