2024 (3) TMI 503

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.... 2024 - -<br>Insolvency & Bankruptcy<br>[ Justice Ashok Bhushan ] Chairperson , [ Barun Mitra ] Member ( Technical ) And [ Indevar Pandey ] Member ( Technical ) For the Appellant : Ms. Amrita Panda , Mr. Udbhav Gady , Advocates For the Respondent : Mr. Viren Sharma , Advocate ORDER ( Hybrid Mode ) These two Company Appeal (AT) (Ins.) Nos. 390-391 of 2024 have been filed by the Corpo....

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....2024. 3. Learned Counsel for the Appellant submits that the Appellant is entitled for the benefit of Section 14 of the Limitation Act and period during pendency of Writ Petition and SLP was pending should be excluded. 4. Learned Counsel for the Respondent submits that even if the period is excluded, the Appeal filed against the order dated 11.10.2023 is beyond 15 days after expiry of the lim....

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....that the application was barred by time and the Adjudicating Authority cannot ask the Appellant to submit to the jurisdiction before the Adjudicating Authority when the application was beyond time. It is submitted that the question of limitation is jurisdictional fact and when the application is barred by time, Adjudicating Authority has no jurisdiction to consider the application. 6. We have c....

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....e listed on 08.01.2024." 8. The Adjudicating Authority has referred to earlier order dated 11.10.2023 where Adjudicating Authority expressed its prima facie opinion with regard to limitation as well as on the default. When the Adjudicating Authority has granted time to the Respondent to file reply, it is always open for the Corporate Debtor to raise all issues including the issue of limitation ....