TMI Blog2019 (10) TMI 1367X X X X Extracts X X X X X X X X Extracts X X X X ..... on'ble Supreme Court in the case of Vashdeo R. Bhojwani Vs. Abhyudaya Co-operative Bank Ltd. and Ors. [ 2019 (9) TMI 711 - SUPREME COURT ] where it was held that The right to sue , therefore, accrues when a default occurs. If the default has occurred over three years prior to the date of filing of the application, the application would be barred Under Article 137 of the Limitation Act, save and except in those cases where, in the facts of the case, Section 5 of the Limitation Act may be applied to condone the delay in filing such application. The ratio of the judgement is applied to the facts of the case on hand, since the default occurred more than three years prior to the date of filing of this petition, the claim is barred by l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sr. No. Invoice No. Date of Invoice Invoice Amount (in ` ) 1. 142252 17.02.2015 2,29,606 2. 142437 14.03.2015 1,14,886 3. 142466 19.03.2015 2,29,891 4. 0086 13.04.2015 2,12,208 5. 0218 04.05.2015 2,29,891 6. 0378 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce for an amount of ₹ 12,46,373/-, whereas, the Petition is filed for an amount of ₹ 24,87,572/-. The amount mentioned in the Petition does not corroborate to the amount mentioned in the notice issued under Section 8 which did not claim interest. 5. Admittedly, the petitioner was indolent for more than three years from the date of last raised invoice dated 27.05.2015 upon the Corporate Debtor, hence this petition is hit by Law of Limitation. It is beneficial to refer the judgement of the Hon'ble Supreme Court in the case of Vashdeo R. Bhojwani Vs. Abhyudaya Co-operative Bank Ltd. and Ors. (2019 SCC OnLine SC 1159) wherein in para No. 3, it was held as below: Having heard learned Counsel for both parties, we are of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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