TaxTMI 
TaxTMI 
2019 (1) TMI 840
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.... Mukhopadhaya Chairperson And Justice Bansi Lal Bhat Member (Judicial) For the Appellant : Mr. Anish R. shah and Mr. Ravhav R., Advocates For the Respondent : Mr. Ashim Sood and Ms. Payal Chandra, Advocates ORDER This appeal has been preferred by the Director of 'M/s. Win Wind Power Energy' (Corporate Debtor) against the order dated 28th September, 2018 passed by the Adjudicating Authority (Na....
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....rved that the Limitation Act has in fact been applied since the inception of the Code and observed as below: "27. It is thus clear that since the Limitation Act is applicable to applications filed under Sections 7 and 9 of the Code from the inception of the Code, Article 137 of the Limitation Act gets attracted. "The right to sue", therefore, accrues when a default occurs. If the default has occ....
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....ting Authority, the National Company Law Appellate Tribunal, the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal, as the case may be." 3. It is true that the Limitation Act is applicable as far as it practicable in terms of Section 238A of the I&B Code. For triggering a resolution process under Section 7 or Section 9 or Section 10 of the I&B Code, Article 137 of Part II of the Limi....
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....5. So far as the claim is concerned, it is for the 'Interim Resolution Professional / Resolution Professional' to decide the claim, which may be corrected by the Adjudicating Authority if so required, and in appropriate case, he may decide whether the claim is time barred or not. 6. In the present case, it is not the case of the appellant that there is no debt payable in the eyes of the law. In t....