2018 (8) TMI 1927

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Lal Bhat, Judicial Member Sudhanshu Batra, N. Prashant Kumar, Aditya Mishra and Ms. Sahiba Pantel, Adv. for the Appellant. Akshay Sharma, Adv. for the Respondent. ORDER 1. This appeal has been preferred by 'Fernas Construction India Pvt. Ltd.'- ('Corporate Debtor') against the order dated 9th July, 2018 passed by the Adjudicating Authority (National Company Law Tribunal....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....g on behalf of the Respondent submits that the application was not time barred as the last payment was made by the 'Corporate Debtor' in the year 2013 and thereafter, correspondence was going on for the payment of amount which can be shown if time is allowed to file reply affidavit. 5. However, we are not inclined to decide the question whether there is a delay in preferring the applica....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... that the application was within the period of limitation. 7. Learned Senior Counsel appearing on behalf of the Appellant submitted that Article 18 of the Limitation Act, 1963 will be applicable as the matter related to the 'price of work done by the plaintiff for the defendant'. However, as the Article 18 is in Part 1 of the Limitation Act, 1963, will not be applicable in the present c....