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    <title>2020 (10) TMI 822 - NATIONAL COMPANY LAW TRIBUNAL , KOLKATA BENCH</title>
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    <description>An application under Section 9 of the Insolvency and Bankruptcy Code was treated as time-barred because limitation ran from the date of default under Article 137 of the Limitation Act, and the period spent in earlier proceedings could not be excluded under Section 14 since those proceedings were not shown to be before a wrong forum for the same relief with due diligence. A pre-existing dispute was also found because earlier proceedings had recorded objections regarding non-compliance with work orders and had left liberty to pursue the dispute before the competent forum. The insolvency application was therefore rejected on limitation and dispute grounds.</description>
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      <description>An application under Section 9 of the Insolvency and Bankruptcy Code was treated as time-barred because limitation ran from the date of default under Article 137 of the Limitation Act, and the period spent in earlier proceedings could not be excluded under Section 14 since those proceedings were not shown to be before a wrong forum for the same relief with due diligence. A pre-existing dispute was also found because earlier proceedings had recorded objections regarding non-compliance with work orders and had left liberty to pursue the dispute before the competent forum. The insolvency application was therefore rejected on limitation and dispute grounds.</description>
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