TMI Blog2021 (5) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... rmation is given on 07.09.2019 i.e., beyond the period of 3 years from 17.04.2013. Hence, the claim is barred by the Law of Limitation. Petition dismissed. - I.A. No. 68 of 2021 and C.P. (I.B.) No. 166/9/NCLT/AHM/2020 - - - Dated:- 20-4-2021 - Manorama Kumari, Member (J) And Chocklingram Thirunavukkarasu, Member (T) For the Appellant : Shakil Shaikh, Advocate For the Respondents : Rutvik Bhatt, Advocate ORDER Chocklingram Thirunavukkarasu, Member (T) 1. Mr. Surendra Shankarlal Kabra is a Director of M/s. Shree Bansi Metal and Alloys Pvt. Ltd. filed this Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the Code ) read with Rule 6 of the Insolvency and Bankruptcy (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and accounts receivable described in a serial wise and date wise in the separate sheet which is annexed herewith which clearly shows accounts receivable is total ₹ 24,71,337/-. 5. In support of its claim, the Petitioner has annexed to the application copy of documents like; Copy of Form-3 And Form-4 dated 20.12.2019, Copy of Master Data of Corporate Debtor, Copies of ledger accounts of corporate debtor made by Operational Creditor, Copy of the confirmation of Accounts, details of GST Bills with date wise and serial wise, Bank Account Statement of the Operational Creditor from 3rd April 2012 to 3rd May 2013, an affidavit under section 9(3)(b) of IBC, 2016 etc. 6. The Applicant/Operational Creditor further submitted that the Corp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed is posted in the ledger account to create an interest burden nor there is any debit note issued by the petitioner (the operational creditor) in the books of the petitioner. 9. Thereafter, on 18 September 2020, the Operational Creditor filed further documents on record by way of an affidavit i.e. copy of invoices during the period from 17/03/2012 to 06/06/2012. Further, this Adjudicating Authority had directed to operational creditor vide order dated 16.09.2020 to issue the fresh notice to the corporate debtor, thereafter, this tribunal has further directed vide order dated 16.09.2020 to the operational creditor to make paper publication to ensure the service of notice. In compliance with the said order, the operational creditor has ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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