2019 (5) TMI 1869

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....pplied goods to the Corporate Debtor for invoices raised under four different work order for four different work sites. The Petition was filed on 29.01.2018. 2. The total amount in default as per the Form-5 for different sites is as under: S. No. Site Outstanding Invoice Amount (in Rs.) Interest @24% (in Rs.) Total 1. Adani 4,35,244/- 5,48,271/- 9,83,515/- 2. Jharkhand 2,50,000/- 3,74,630/- 6,24,630/- 3. Mahul 7,13,619/- 5,97,937/- 13,11,556/- 4. M.P. 19,84,655/- 15,65,715/- 35,50,370/- Total 64,70,071/- 3. The Petitioner has further given the following details regarding the date of default and the date of last payment for each of the sites: S. No. ....

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....have heard the arguments of both sides and perused the records. 8. It is pertinent to note the decision of Hon'ble Supreme Court in the case of B.K. Educational Services Private Limited vs Parag Gupta and Associates Civil Appeal No.23988 of 2017 dated 11.10.2018 where it was held that the Limitation Act applies to applications filed under section 7 and 9 of I&B Code since the inception of the I&B Code. The relevant para is reproduced below: "...It is thus clear that since the Limitation Act applies 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 occurred over ....

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....,00,000/- on 27.06.2016 in pursuance of this communication. 11. Admittedly, the goods were supplied under separate purchase orders that are of different dates and relate to different work sites. Also, the last payment on which the petitioner is relying upon above is for the M.P. site. The said payment would extend the limitation period, under section 18 of Limitation Act, 1963 only for the default under an agreement relating to M.P. site and not the other agreements. Therefore, it is only the claim of Rs.35,50,370/-, for goods provided to M.P. site, which is within limitation and not the entire claim of Rs.64,70,071/- as claimed by the Petitioner in the Petition. 12. From a bare perusal of the above facts, it is clear that the claim o....