Protech Impex Pvt. Ltd. & Anr Vs Uttar Pradesh Rajkiya Nirman Nigam Ltd (NCLAT Delhi)
NCLAT Delhi held that extension of limitation u/s. 19 of the Limitation Act, 1963 not admissible since there was no acknowledgement by Corporate Debtor. Accordingly, rejection of application under section 9 rightly rejected as time barred.
Facts- This appeal has been filed by the appellant an operational creditor challenging the order dated 17.05.2023 passed by the National Company Law Tribunal (NCLT), Allahabad Bench, Prayagraj rejecting Section 9 application filed by the appellant. Notably, Adjudicating by the impugned order has dismissed the application filed under Section 9 as barred by limitation. Challenging the order passed by the adjudicating authority, this appeal has been filed.
Conclusion- Held that in the present case, there is no acknowledgement by the corporate debtor rather the pleading of appellant in Section 9 application was that no payments have been received as noted in Part V of Section 9 application above. Certain other submissions were raised by the counsel for the respondent regarding maintainability of the application under Section 9. Adjudicating authority having held the application to be barred by time which findings we have affirmed in the present appeal. We see no reason to enter into any other submission raised by the counsel for the appellant. In view of the above discussions, we do not find any ground to interfere with the order of the adjudicating authority. The appeal is dismissed.
