TMI Blog2021 (2) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... rate Debtor owed to the Assignor- State Bank of India was declared NPA prior to 16 th January, 2006 i.e. the date when the financial debt came to be assigned to Appellant- Kotak Mahindra Bank Limited . It also emerges from the record that the Assignor- State Bank of India had filed recovery proceedings before DRT, Jabalpur somewhere in year 2000 and the final order came to be passed on 23rd Octo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DR. ASHOK KUMAR MISHRA, MEMBER (TECHNICAL) For the Appelant : Mr. Nirmal Goenka, Advocate. For the Respondent : None ORDER The issue raised in this appeal against order dated 5 th August, 2020 passed by the Adjudicating Authority (National Company Law Tribunal), Cuttack Bench, Cuttack in TP No.202/CTB/2019 arising out of CP(IB) No.4202/MB/2018 dismissing the Appellant s applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of final order dated 23rd October, 2002 passed by the DRT, Jabalpur in OA No.196/2000 in terms whereof the Corporate Debtor had been directed to pay a total sum of ₹ 14,20,80,104.61/- along with costs and interest. As per assertion in application filed before the Adjudicating Authority in prescribed format the decree in respect of the aforesaid amount which is duly reflected in the recovery ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the final order came to be passed on 23rd October, 2002 culminating in issuance of Recovery Certificate which is pending execution before the Recovery Officer. Thus, computed from the date of classification of account of Corporate Debtor as NPA or even from the date of issuance of Recovery Certificate, filing of application under Section 7 on 29 th October, 2018 is beyond three years. It is by n ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
