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Section 9 application was filed within the period of Limitation and statutory demand notice under Section 8 of the IBC had been duly served
Case Law Details
- Case Name
- Sagar Business Private Limited Vs Sidhartha Construction And Private Limited (NCLT Cuttack)
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- NCLT
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Sagar Business Private Limited Vs Sidhartha Construction And Private Limited (NCLT Cuttack)
Conclusion: An application filed under Section 9 was within limitation, as the part payment made on 22.11.2016 extended the limitation period under Section 19 of the Limitation Act, 1963. Further, statutory demand notice under Section 8 of the IBC had been duly served and no pre-existing dispute was raised by the Corporate Debtor. Consequently, the petition was admitted, moratorium under Section 14 of the IBC was declared and Interim Resolution Professional was appointed to conduct the Corporate Insolve...
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