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    <title>2021 (11) TMI 732 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
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    <description>Limitation for a Section 9 Insolvency and Bankruptcy Code application was assessed under Article 137 of the Limitation Act, as applied through Section 238A, with Sections 18 and 19 relevant to acknowledgment and part payment. On the facts, the earlier arbitral award and original default date did not end the inquiry because a later deduction and recovery decision, partial payment in 2016, and the creditor&#039;s later knowledge through RTI disclosure were treated as creating a fresh limitation point. The application was therefore held to be within limitation, and the adjudicating authority&#039;s dismissal was set aside.</description>
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      <description>Limitation for a Section 9 Insolvency and Bankruptcy Code application was assessed under Article 137 of the Limitation Act, as applied through Section 238A, with Sections 18 and 19 relevant to acknowledgment and part payment. On the facts, the earlier arbitral award and original default date did not end the inquiry because a later deduction and recovery decision, partial payment in 2016, and the creditor&#039;s later knowledge through RTI disclosure were treated as creating a fresh limitation point. The application was therefore held to be within limitation, and the adjudicating authority&#039;s dismissal was set aside.</description>
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