TMI Blog2021 (3) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Appellant s side to raise a plea of veracity/admissibility of True extract of Statement of Accounts maintained by the Respondent/Corporate Debtor as made mention of in the impugned Order of the Adjudicating Authority in KERALA AYURVEDA LIMITED VERSUS TATA GLOBAL BEVERAGES LIMITED [ 2021 (1) TMI 615 - NATIONAL COMPANY LAW TRIBUNAL KOCHI BENCH] , in which event, the Adjudicating Authority (National Company Law Tribunal, Kochi Bench, Kerala) shall permit the Appellant/Applicant/corporate Debtor in this regard. Application disposed off. - Company Appeal (AT) (CH) (Ins) No. 13 of 2021 - - - Dated:- 16-3-2021 - [Justice Venugopal M] Member (Judicial) [V.P.Singh] Member (Technical) For the Appellant : Mr.T.K.Bhaskar, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s maintained by the Financial Creditor in pending main Application IBA/46/KOB/2019 on the file of Adjudicating Authority (National Company Law Tribunal, Kochi Bench, Kerala), this Tribunal without any haziness holds that the instant Appeal is not maintainable in law. 4. In this connection, the Learned Counsel for the Respondent/Corporate Debtor refers to the order dated 16.3.2020 of this Appellate Tribunal in Company Appeal No.AT(Ins)429 of 2020 between Kerala Ayurveda Ltd. V. Tata Global Beverages Ltd. at Spl.Pg.195, of the Paper Book (vide D.No.41 dated 16.2.2021), wherein it is observed as under : Mere finding on an Interlocutory Application that the debt claimed by the Creditor constituted a financial debt would not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the receipt of copy of Reply/Response/Counter of the Appellant/Corporate Debtor , it is open to the Respondent/Financial Creditor to file rejoinder, if any raising all factual pleas. 6. Although, this Tribunal has held that the instant Comp.App. No. (AT)(CH)(Ins)No.13/2021 on the file of this Appellate Tribunal is not maintainable in Law, yet it grants liberty to the Appellant/Applicant/Corporate Debtor to raise the plea of Limitation in main Section 7 Application IB No.IBA/46/KOB/2019 filed under Insolvency Bankruptcy Code , being a question of Fact and Law . It is open to the Appellant s side to raise a plea of veracity/admissibility of True extract of Statement of Accounts maintained by the Respondent/Corporate Debtor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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