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NCLAT upheld the impugned order and dismissed the appeal. The Tribunal found the Section 9 petition maintainable: the last invoice dated 2 Nov 2013 became due on 2 Dec 2013, and the Corporate Debtor's ledger entry acknowledging debt on 17 May 2016 together with a part payment by cheque cleared 20 May 2016 constituted acknowledgment/part performance sufficient to extend the limitation under Sections 18 and 19 of the Limitation Act, rendering the application timely. Alleged pre-existing dispute was held inadmissible: the Corporate Debtor had not raised the dispute prior to its reply before the adjudicating authority, produced no supporting evidence, and failed to respond to statutory notice, so the asserted dispute was rejected.
NCLAT upheld the impugned order and dismissed the appeal. The Tribunal found the Section 9 petition maintainable: the last invoice dated 2 Nov 2013 became due on 2 Dec 2013, and the Corporate Debtor's ledger entry acknowledging debt on 17 May 2016 together with a part payment by cheque cleared 20 May 2016 constituted acknowledgment/part performance sufficient to extend the limitation under Sections 18 and 19 of the Limitation Act, rendering the application timely. Alleged pre-existing dispute was held inadmissible: the Corporate Debtor had not raised the dispute prior to its reply before the adjudicating authority, produced no supporting evidence, and failed to respond to statutory notice, so the asserted dispute was rejected.
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