2021 (3) TMI 718

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....in IB No.IBA/46/KOB/2019, filed by the 'Appellant/Applicant/Corporate Debtor', before the  'Adjudicating Authority' (National Company Law Tribunal, Kochi Bench, Kerala) the following observations were made at Paragraph 18 "since it is clear that there is an acknowledgement in the records of the 'Financial Creditor', the Limitation Act are to be examined in the light of the facts of this particular case. In the present case, the true extract of statement of accounts maintained by the Financial creditor clearly depicts that the period of non-payment is from April 2017 and the last date of payment received by the Financial Creditor as 24.11.2017." and ultimately the application was dismissed. 3. When this 'Tribunal' posed a....

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....es not commence. Viewed in this perspective, it is futile to contend that the appeal in terms of Section 60(1) shall be maintainable. The appeal is accordingly, dismissed as being premature leaving it open to the learned Adjudicating Authority to decide the application on merit and in the event of the Appellant being aggrieved of order of admission passed under Section 7, it shall be open to the Appellant to raise all issues in appeal." and submits that the 'Impugned Order' in IA No.80/KOB/2019 in IB No.IBA/46/KOB/2019, dated 12.1.2021 passed by the 'Adjudicating Authority' (National Company Law Tribunal, Kochi Bench, Kerala) requires no interference in the hands of this 'Tribunal' in 'Appeal', in view of the fact that in Law, the ....

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....this regard. 7. As a matter of fact, both the sides are given the liberty to marshall on factual and legal pleas to raise the same before the 'Adjudicating Authority' while adverting to or countering the same and further that the 'Adjudicating Authority' (National Company Law Tribunal, Kochi Bench, Kerala ) shall provide 'adequate opportunity' of hearing to the respective parties and to pass a reasoned speaking order on merits in a fair, just and dispassionate manner (dealing with all the contentions raised) and to dispose of the pending main Section 7 Application filed under the Insolvency & Bankruptcy Code, 2016 in IB No.IBA/46/KOB/2019 on the file of National Company Law Tribunal, Kochi Bench, Kerala, ofcourse uninfluenced and untramm....