https://www.taxtmi.com/caselaws?id=387138 A Section 9 insolvency application was held barred by limitation because the alleged default was treated as 17.10.2015 and the petition was filed on 07.01.2019, beyond the three-year period under Article 137 of the Limitation Act as applied through Section 238A of the Insolvency and Bankruptcy Code; no condonation application or sufficient cause for delay was shown. The application was also found not maintainable because reply notice and prior correspondence disclosed a pre-existing dispute on alleged defects and deficiency in goods and services, which could not be decided in a summary insolvency proceeding. The petition therefore failed on both limitation and maintainability. en-us Mon, 22 Jul 2019 00:00:00 +0530 Fri, 18 Oct 2019 07:17:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=387138 A Section 9 insolvency application was held barred by limitation because the alleged default was treated as 17.10.2015 and the petition was filed on 07.01.2019, beyond the three-year period under Article 137 of the Limitation Act as applied through Section 238A of the Insolvency and Bankruptcy Code; no condonation application or sufficient cause for delay was shown. The application was also found not maintainable because reply notice and prior correspondence disclosed a pre-existing dispute on alleged defects and deficiency in goods and services, which could not be decided in a summary insolvency proceeding. The petition therefore failed on both limitation and maintainability. Case-Laws Insolvency and Bankruptcy Mon, 22 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=387138