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    <title>2022 (9) TMI 11 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCH</title>
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    <description>A section 9 insolvency application was treated as timely because limitation under Article 137 ran from the date of accrual of the right to apply, and the debtor&#039;s last payment was treated as an acknowledgment of liability within three years. The enhanced minimum default threshold was held to apply prospectively, so the application was tested under the earlier pecuniary limit in force on the filing date and satisfied that threshold. The debtor&#039;s objections on defective goods and absent inspection or quality reports were unsupported, so the record established operational debt and default. The application was admitted under section 9(5), and CIRP, moratorium, and appointment of an interim resolution professional followed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=427066</link>
      <description>A section 9 insolvency application was treated as timely because limitation under Article 137 ran from the date of accrual of the right to apply, and the debtor&#039;s last payment was treated as an acknowledgment of liability within three years. The enhanced minimum default threshold was held to apply prospectively, so the application was tested under the earlier pecuniary limit in force on the filing date and satisfied that threshold. The debtor&#039;s objections on defective goods and absent inspection or quality reports were unsupported, so the record established operational debt and default. The application was admitted under section 9(5), and CIRP, moratorium, and appointment of an interim resolution professional followed.</description>
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