TMI Blog2019 (6) TMI 1333X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal, in the present case, has examined the said contention. Indeed, according to the respondent, the plea of claim being barred by limitation is unstatable and, to buttress this argument, the respondent has relied upon the entries in the books of account of the appellant and other related documents. However, that is a matter which ought to be agitated before the National Company La ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... STOGI, JJ. ORDER Appeal admitted. Heard learned counsel for the parties. This appeal takes exception to the judgment and order dated 17.09.2018 passed by the National Company Law Appellate Tribunal at New Delhi, in Company Appeal (AT) (Insolvency) No. 549/2018. The National Company Law Appellate Tribunal dismissed the appeal preferred by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8.07.2011 whereas the petition had been filed in March 2018. Although, we find that the ground articulated in the appeal memo is vague, but, as the objection regarding limitation goes to the root of the matter and touches upon the jurisdiction of the National Company Law Tribunal to proceed with the claim of the respondent; and since the recent decision of this Court in B.K. Educational S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the first place. Accordingly, we relegate the parties before the National Company Law Appellate Tribunal for fresh consideration of the objection raised by the appellant that the claim of the respondent is barred by limitation. The appellant is granted liberty to file additional affidavit in the remanded appeal, giving the factual matrix on the basis of which the ground of limitation is f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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