TMI Blog2019 (5) TMI 878X X X X Extracts X X X X X X X X Extracts X X X X ..... THAT:- There is nothing on the record to suggest that the invoices dated 23rd July, 2014 were forwarded or received by the Respondent- Spicejet Limited . Therefore, the Demand Notice issued on 24th April, 2017 as relates to invoice dated 23rd July, 2014, though it cannot be held to be barred by limitation, but in absence of specific evidence relating to invoices actually forwarded by the Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SU JYOTI MUKHOPADHAYA, J. The Appellant- Ramco Systems Limited - ( Operational Creditor ) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ( I B Code for short) against the Spicejet Limited - ( Corporate Debtor ). The Adjudicating Authority (National Company Law Tribunal), Bench-III, New Delhi, by impugned order dated 14th December, 2017, dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ware Support Agreement . 3. Subsequent thereto on 1st July, 2014, the Change Order Demand was executed between the parties. The earlier Software License Agreement for 180 number of Authorised Users were amended to 55 Aircraft Tails and unlimited users with other amendment and modification which also followed various modification and alteration on 1st July, 2014. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the invoice dated 23rd July, 2014 which was due and payable by 22nd August, 2014. It is submitted that they are barred by limitation. 7. Learned counsel appearing on behalf of the Appellant referred to the e-mail dated 19th January, 2016 of Spicejet Auditors to suggest that it is not barred by limitation. 8. The Demand Notice under Section 8(1) was issued by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be held to be barred by limitation, but in absence of specific evidence relating to invoices actually forwarded by the Appellant and there being a doubt, we hold that the Adjudicating Authority has rightly refused to entertain application under Section 9 which requires strict proof of debt and default. 11. For the reasons aforesaid, no relief can be granted. However, the order pas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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