2020 (10) TMI 443

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....ution Process (CIRP) against M/s. Shree Krishna Polystrap Pvt. Ltd. (hereinafter called as "Corporate Debtor") 2. Part - I, of the Application discloses the fact that the Petitioner is a Partnership Firm. Part-II of the Application gives all the particulars of the Corporate Debtor from which it is evident that the Corporate Debtor is a Private Limited Company with CIN:U25200TN2009PTC071126 which was incorporated on 25.03.2009 and that its Authorized Share Capital and Paid up Capital is Rs. 11,50,00,000/- and Rs. 11,50,00,000/- respectively. The Registered Office of the Corporate Debtor as per the Application is stated to be situated at F-9, 2nd Floor, Industrial Estate, 11th Street, Ambattur, Chennai - 600 058. 3. Part - III of the Applic....

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....btor has given a balance confirmation to the Operational Creditor on 31.03.2016 and the Operational Creditor has filed the present Application before this Tribunal on 29.03.2019 and as such contended that the present Application is within the period of limitation. 7. However, upon perusal of the documents filed by the Operational Creditor, it can be seen that three invoice dated 18.07.2012, 10.07.2012 and 24.08.2012 had been raised by the Operational Creditor against the Corporate Debtor for a total sum of Rs. 34,98,706/-. As per the terms of the Invoice, 90 days time period is granted to the Corporate Debtor to pay the amount to the Operational Creditor. For the purpose of calculating the period of limitation if the last invoice date 24.0....

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....t duly authorised in this behalf; and (c) an application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right." 9. The Learned Counsel for the Corporate Debtor submitted that the balance confirmation has been obtained from the Corporate Debtor by the Operational Creditor. Upon perusal of the said balance confirmation, it may be seen that the said balance confirmation is undated. However, the balance confirmation, which is undated and runs into two pages, starts with the heading "Accounts Upto 31.03.2016", and the signature of the Corporate Debtor in both the pages does not match and thereby prima facie leading to its suspicious character. If we refer to Section 18(2) of the L....