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2022 (11) TMI 1156 - AT - Insolvency and BankruptcyMaintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - application rejected on the ground of time limitation - HELD THAT:- The reply affidavit filed by the Respondent wherein letter dated 04.04.2018 (Annexure-B at page 69 of the Reply) issued by the Respondent, it has been categorically stated that at that point of time it was constrained to issue an email communication to you dated 22.01.2012 asking to increase your man power strength and for completing the various job works as required by you to be completed within a specified period of time and further disputed that there is an unpaid amount of Rs. 1,98,95,546/- as reflected in the 78 number of invoices attached with the impugned notice as dealt with herein, all the alleged bills as raised by you started from 02.11.2010 ending 10.12.2012 and the payments as received by you were lastly on 11.02.2013 and so the alleged bills as raised by you were strictly barred by the laws of limitation and thus you are not entitled to any payment as allegedly claimed by the Appellant - the Appellant in his rejoinder stated that the Appellant as per the agreed terms, completed their works and the Respondent was constrained to engage third party contractor for execution of the balance work which was otherwise within the scope of work of the Appellant. There is dispute between the parties prior to filing Section 9 application regarding work in question and also invoices raised by the Appellant between 02.11.2010 to 10.12.2012 - there are no merit in the instant Appeal, the impugned order dated 19.01.2021 passed by the Adjudicating Authority (National Company Law Tribunal, Guwahati Bench, Guwahati) in the petition is hereby affirmed - appeal dismissed.
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