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IBC - Highlights / Catch Notes

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Initiation of CIRP u/s 9 - time limitation - threshold limit of ...

Insolvency and Bankruptcy

February 28, 2024

Initiation of CIRP u/s 9 - time limitation - threshold limit of amount claimed - With respect to 234 invoices, which are payable within 30 days of the invoices, 224 invoices are ex-facie time barred and the remaining 10 invoices do not meet the threshold of Rs.1,00,00,000/-. - The claim of the Operational Creditor that they were having running account and are covered under Article 1 of the Limitation Act cannot be accepted - The NCLAT dismissed the appeal, ruling that the claims of the operational creditor cannot be accepted due to being either time-barred or not meeting the threshold limit.

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