2019 (10) TMI 1367

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....mber (T) For the Appellant : Chetan Mendadkar, Adv For the Respondents : Sriraj Menon and Vikramjit Garewal, Advs ORDER V. Nallasenapathy, Member (T) 1. This Company Petition is filed by Concrete Additives & Chemicals Private Limited (hereinafter called "Petitioner") seeking to set in motion the Corporate Insolvency Resolution Process (CIRP) against Ravisha Infraprojects Private Lim....

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....s upon the Corporate Debtor in the year of 2015. The following are the details of the invoice raised by the Petitioner:     Sr. No. Invoice No. Date of Invoice Invoice Amount (in ` )     1. 142252 17.02.2015 2,29,606     2. 142437 14.03.2015 1,14,886     3. 142466 19.03.2015 2,29,891 &nbs....

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....es not bear the signature and stamp of the Corporate Debtor. 4. The Counsel for the Corporate Debtor in his reply to the Petition raised the following contentions: a) It is contended that the cause of action for the frivolous alleged dues arose on 18.04.2015 and concluded with the last due date on 26.07.2015, i.e., prior to 4 years to filing of this Petition when the due dates of six i....

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....on is hit by Law of Limitation. It is beneficial to refer the judgement of the Hon'ble Supreme Court in the case of Vashdeo R. Bhojwani Vs. Abhyudaya Co-operative Bank Ltd. and Ors. (2019 SCC OnLine SC 1159) wherein in para No. 3, it was held as below: "Having heard learned Counsel for both parties, we are of the view that this is a case covered by our recent judgment in B.K. Educatio....