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    <title>2020 (10) TMI 686 - NATIONAL COMPANY LAW TRIBUNAL , KOLKATA BENCH</title>
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    <description>An application under section 9 of the Insolvency and Bankruptcy Code, 2016 was held to be time-barred because Article 137 of the Limitation Act applied from the date of default, and no acknowledgement under section 18 was shown. A civil money decree passed after expiry of limitation did not revive limitation or amount to acknowledgement of debt, and section 9 cannot be used as a recovery mechanism based only on a decree. Refusal of delivery of the demand notice was not accepted as deemed service, and photocopies of the envelope were insufficient proof of valid delivery under the Code and Rules. The insolvency petition was therefore not fit for admission.</description>
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      <description>An application under section 9 of the Insolvency and Bankruptcy Code, 2016 was held to be time-barred because Article 137 of the Limitation Act applied from the date of default, and no acknowledgement under section 18 was shown. A civil money decree passed after expiry of limitation did not revive limitation or amount to acknowledgement of debt, and section 9 cannot be used as a recovery mechanism based only on a decree. Refusal of delivery of the demand notice was not accepted as deemed service, and photocopies of the envelope were insufficient proof of valid delivery under the Code and Rules. The insolvency petition was therefore not fit for admission.</description>
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