2022 (3) TMI 1062

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....Appellant and Learned Counsel for the Respondent. 2. This Appeal has been filed against the order dated 01.12.2021 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench, by which the Application filed by the Appellant as Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code" for short) has been rejected on the ground that Application is barred by time. The Appellant, an Operational Creditor, claim to have joined the Corporate Debtor on 20.11.2015 and remained an employee with them from 20.11.2015 till 28.02.2017. Operational Creditor has given a notice under Section 8 demanding salary for unpaid notice period and other emoluments and consequently he filed an Applicatio....

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.....2016, therefore, the date of default is 30.12.2016. In this case the date from which debt fell due was 30.12.2016, therefore, the right to apply accrues on 30.12.2016 and the present application was filed on 13.03.2020 which is beyond 3 years of date of default. Hence, the application is barred by limitation." 3. Learned Counsel for the Appellant challenging the order contends that the Adjudicating Authority committed error in not considering the acknowledgment which was received by the Appellant giving the benefit of Section 18 of the Limitation Act. He submits that the period of limitation got extended by virtue of e-mails which were sent on 26.03.2017 and 27.04.2017. 4. We have considered the submissions of the Learned Counsel for....

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....hich is of 27.04.2017 which is written by one of the employees of the Corporate Debtor at Page 45 of the paper book cannot be treated to be acknowledgment by the Corporate Debtor within the meaning of Section 18 by the Corporate Debtor. 9. Learned Counsel for the Appellant has also referred to explanation to Section 18 of the Limitation Act. To support his submission, explanation (a) to Section 18 is to the following effect:- "18. Effect of acknowledgment in writing.- (1) ****** (2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall n....