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Judgment
O R D E R
23.11.2022: Heard learned counsel for the Appellant. This Appeal has been filed against the order dated 18.08.2022 by which order the application filed by the Appellant under Section 9 has been dismissed as barred by time. The Appellant has filed the application under Section 9 praying for operational dues of Rs.40,34,922/-. The application was heard by the Adjudicating Authority and order was passed where Adjudicating Authority has noticed that the purchase orders pertained to year 2012-13 and for the first time on 30.06.2018, Operational Creditor has sent a letter to the Corporate Debtor demanding payment of outstanding amount of Rs.40,34,922/-. The Adjudicating Authority has dismissed the application as barred by time. Following observations have been made in Para 5:
“5.Further, there is no acknowledgment of debt/liability from 2012-13 to 2018 by the Corporate Debtor. It is judicially settled that proceedings under the IB Code are subject to law of Limitation and that in the case of applications under Section 7 or 9 of the Code, the period of Limitation will be three years from the date of cause of action in terms of Article 137 of the Limitation Act, unless extended in terms of provisions of Section 18 or 19 of the Limitation Act. It is admitted by the Learned Counsel for the Appellant that neither any acknowledgement of debt nor any part payment was made by the Respondents during the period 2012-13 to 2018. The present petition under Section 9 of IBC has been filed on 28.01.2020. Therefore, it is amply clear from the above facts that the present petition under Section 9 is grossly delayed and time barred. Therefore, the present petition i.e., IB-402/ND/2020 is dismissed as barred by limitation.”
When the matter came up on 18.10.2022, we granted time to the Appellant to file additional affidavit to show acknowledgement of the debt by the Corporate Debtor. An affidavit has been filed by the Appellant where certain emails sent by the Appellant has been brought on record demanding payment form the Corporate Debtor. No acknowledgement within the meaning of Section 18 of the Limitation Act has been brought on record, hence, the Appellant cannot claim any benefit. For default occurred in the year 2012-13, the application filed by the Appellant on 28.01.2020 was clearly barred by time. We do not find any error in the order of the Adjudicating Authority dismissing the application under Section 9 as barred by time. It goes without saying that it is always open for the Appellant to take such remedy available as permissible in accordance with law. With these observations, the Appeal is dismissed.