2022 (3) TMI 416

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....<br>[Justice Ashok Bhushan] Chairperson And [Dr. Alok Srivastava] Member (Technical) For the Appellant : Mr. Abhishek Chauhan, Advocate. ORDER (Virtual Mode) Heard learned counsel for the Appellant. None has appeared on behalf of the Respondent although notice has been served. The Affidavit of Service in compliance of the order dated 06.12.2021 has also been filed on 04.03.2022. 2. ....

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....mation of balance, acknowledgment of due to the Operational Creditor by the Corporate Debtor. The Adjudicating Authority by the impugned order dismissed the application. Para 14 of the impugned order contains the observations of the Adjudicating Authority on basis of which application was held as barred by time, which is to the following effect: " OBSERVATIONS 14. 14.1 T....

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....unsel appearing for the Appellant submits that Appellant in his application under Section 9 already made mention of the acknowledgment which was given by the Corporate Debtor and last acknowledgment dated 31.05.2016 was specifically mentioned in the application. It is submitted that the Corporate Debtor has continuously given acknowledgment in each year which Account Confirmation has been brought ....

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...., 1963. Learned counsel for the Appellant submits that confirmation of account sent by the Corporate Debtor from 01.04.2010 to 31.05.2016 were on the record of the Adjudicating Authority where the debt of Rs. 30,27,622/- was mentioned while confirming the account by the Corporate Debtor. The last confirmation of account being issued on 31.05.2016 for the period 01.04.2016 to 30.05.2016, we are of ....