TMI Blog2017 (4) TMI 1271X X X X Extracts X X X X X X X X Extracts X X X X ..... ed are for the period 01.04.2013 to 19.09.2013 for the services rendered. The present proceedings have been initiated on 29.03.2017, i.e. after a period of three years from the last invoice raised. Ld. Counsel for the Operational Creditor has failed to satisfy this Bench as to how this claim is legally recoverable being beyond the period of limitation. He seeks to rely on cheques tendered by the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : Mr. Kanti Mohan Rustogi and Mr. Shubho Jana, Advocates ORDER The petitioner has filed present petition under section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to the Code) with a prayer to initiate corporate insolvency resolution in respect of M/S. PTC Techno Pvt. Ltd. (hereinafter referred as 'the Corporate Debtor). 2. As per averments made in said ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Debtor relating to the dispute of the unpaid Operational Debt in terms of Section 9 (3)(b) of the Code. Further in compliance of the requirement u/ s 9 (3) (c), the certificate of ICICI Bank has been filed confirming that there was no payment of the Operational Debt received in the account of the Operational Creditor. The said application is also annexed with the consent of the named insolvency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of limitation. He seeks to rely on cheques tendered by the Corporate Debtor for enhancing the limitation, having been given in acknowledgement of the outstanding liability and in a bid to reduce the same. There is no difficulty in accepting the proposition that tender of a cheque would be an acknowledgment of a debt, but for the fact, that the cheques in this case are dated 31.01.2014 and 07.02.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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