Operational Creditor cannot change ‘date of default’ by confining invoices to a later period

Sadguru Traders Vs Gajalee Coastal Foods Pvt. Ltd (NCLT Mumbai) It is the submission of the Counsel appearing for the Operational Creditor that even though certain invoices preceding 3 years presenting the company petition are barred by limitation, the above Company Petition can be admitted in respect of the unpaid invoices that are within the limitation and thus prayed for the admission of the above Company Petition. The learned counsel appearing for the Corporate Debtor opposed the above argument of the Operational Creditor contending that even if the aforesaid Invoices (which are ex facie b...