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    <title>2019 (12) TMI 1658 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI</title>
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    <description>A section 9 IBC application was barred by limitation where the date of default was in November 2011 and the petition was filed only in August 2018; later correspondence did not extend limitation. The record also showed a genuine pre-existing dispute, including allegations of loss of production, contractual non-compliance, BIFR proceedings, and a request to await restructuring and payment of old bills. As both limitation and prior dispute were established, the insolvency application was not maintainable and rejection was upheld.</description>
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      <description>A section 9 IBC application was barred by limitation where the date of default was in November 2011 and the petition was filed only in August 2018; later correspondence did not extend limitation. The record also showed a genuine pre-existing dispute, including allegations of loss of production, contractual non-compliance, BIFR proceedings, and a request to await restructuring and payment of old bills. As both limitation and prior dispute were established, the insolvency application was not maintainable and rejection was upheld.</description>
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