AI Structured Summary
Not yet generated for this judgment
Judgment
I.A. No. 4553 of 2022: This is an application praying for condonation of 33 days delay in re-filing the Appeal. The ground submitted is that certain defects were informed from time to time which took time in curing. Cause shown sufficient, re-filing delay is condoned. I.A. No. 4553 of 2022 is disposed of.
I.A. No. 4591 of 2022: This is an application praying for condonation of delay of 15 days in filing the Appeal. The ground taken is that the order was uploaded at the website on 29.08.2022 and thereafter some time was taken in consulting the advocates and files were sent to Delhi for preparing the Appeal. Cause shown sufficient, delay in filing the Appeal is condoned. I.A. No. 4591 of 2022 is disposed of.
This Appeal has been filed against order passed by the Adjudicating Authority on 26.08.2022 by which order application filed by the Appellant under Section 7 has been rejected. The application was filed by the Appellant under Section 7 on 13.12.2018. The date of the maturity of the amount as per the case of the Appellant was 31.12.2011. It is submitted that thereafter there was acknowledgement in the year 2014. The Appellant has already filed a Special Civil Suit No.03 of 2015 in Aurangabad which is pending consideration. The application has been dismissed as barred by time.
We have heard the learned counsel for the Appellant and perused the record.
The Adjudicating Authority has recorded the finding that after 2013 the Corporate Debtor has never acknowledged the debt and Civil Suit for recovery of the debt is pending consideration.
We are of the view that no error has been committed by the Adjudicating Authority in rejecting the application as barred by time. Appellant has already filed Civil Suit No. 03 of 2015, which is pending. It is always open for the Appellant seek remedy as permissible in law. Section 7 application being filed beyond three years from when right to sue arose and there being no acknowledgement, application under Section 7 has rightly been dismissed as barred by time. Accordingly, Appeal is dismissed.