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    <title>2023 (5) TMI 343 - SC Order</title>
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    <description>In a Section 9 insolvency proceeding, limitation cannot be assessed by taking only the earliest invoice date where the operational creditor&#039;s invoices reflect a continuing business relationship and later supplies or services fall within the three-year period. The limitation objection was therefore unsustainable, the rejection of the application on that ground was set aside, and the matter was remitted for fresh consideration on merits. The plea of pre-existing dispute was not allowed to be reopened in the remanded proceedings because that issue had already been negatived by the appellate forum below.</description>
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    <pubDate>Mon, 27 Mar 2023 00:00:00 +0530</pubDate>
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      <title>2023 (5) TMI 343 - SC Order</title>
      <link>https://www.taxtmi.com/caselaws?id=437536</link>
      <description>In a Section 9 insolvency proceeding, limitation cannot be assessed by taking only the earliest invoice date where the operational creditor&#039;s invoices reflect a continuing business relationship and later supplies or services fall within the three-year period. The limitation objection was therefore unsustainable, the rejection of the application on that ground was set aside, and the matter was remitted for fresh consideration on merits. The plea of pre-existing dispute was not allowed to be reopened in the remanded proceedings because that issue had already been negatived by the appellate forum below.</description>
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