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2024 (1) TMI 340 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI - LBMaintainability of section 9 application - time barred claims or not - HELD THAT:- Undeniably the purchase orders have been placed by the Corporate Debtor and the goods have been supplied by the Petitioner. Invoices have been raised by the Petitioner, part payment have also made by the Corporate Debtor and there is also a confirmation of balance in the shape of statement of accounts, which is duly acknowledged and signed by the authorised signatory of the Corporate Debtor. Further, there is evidence to prove the supply of the material to the Corporate Debtor and it has also availed ITC of GST on the goods received by it. Based on these facts, the Adjudicating Authority has come to a conclusion, that all the issues raised by the Corporate Debtor have been duly noted and findings have been returned on all the issues raised in the Corporate Debtor, basis the documentary evidence available with it. After hearing both the parties the Adjudicating Authority has come to a conclusion that the petition is admissible and accordingly it has passed the Section 9 proceedings for CIRP against the Corporate Debtor namely, M/s Kevin Ventures LLP. The Adjudicating Authority has on the basis of all the documents come to a conclusion that CIRP proceedings should be initiated against the Corporate Debtor under Section 9 of the Code, and for the above-mentioned reasons, there are no error in the findings. Appeal dismissed.
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