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        IBC

        The National Company Law Appellate Tribunal held that the...

        Financial creditor's delayed application for investment refund rejected, corporate debtor's partial refund accepted.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The National Company Law Appellate Tribunal held that the Section 7 application filed by the Financial Creditor was hopelessly barred by limitation and dismissed it. The cause of action for refund of investment arose on 16.12.2010 as per the agreement, and the limitation period of three years expired on 15.12.2013. The Corporate Debtor had refunded the amount of Rs. 1.7 crores to the Financial Creditor through third parties, and the Financial Creditor's long silence indicated satisfaction of the refund of Rs. 3 crores. The Tribunal found no grounds to invoke Section 65 of the IBC for imposing penalty on the Financial Creditor as the Corporate Debtor did not plead that the proceedings were initiated maliciously or with fraudulent intent. The appeal was allowed.
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