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Judgment
Ld. Counsel on both sides present.
This petition was filed on 27th February, 2019. In paragraph ‘e’, it is mentioned that “the agreement invoices were raised on the Corporate Debtor for a total sum of Rs. 1,29,39,340/- on and from 31.12.2007 to 31.03.2014 and the corporate debtor while discharging its liabilities paid to the Operational Creditor a total sum of Rs. 1,25,24,225/- but a sum of Rs. 33,65,351/- only is outstanding and payable by the Corporate Debtor towards discharge of its obligation i.e. towards payment of making fee to the Operational Creditors per the agreed terms and conditions of the aforesaid agreement. True copy of invoices raised are annexed and marked with the letter B”.
An objection has been raised by the Ld. Counsel appearing for the Corporate Debtor that the present petition is hopelessly time barred.
We have heard Ld. Counsel on the question of limitation. While ascertaining the claim, the petition is within time, the Ld. Counsel has drawn our attention to one proforma invoice at page 49, which contains a date i.e. 1st March, 2016 and it shows a net due of Rs.33,65,351/-. According to the Ld. Counsel, this is a confirmation of the due by the Corporate Debtor.
While opposing this, the Corporate Debtor has drawn our attention to the endorsement on the said proforma and has stated that this invoice is created to beat the limitation. It is further stated by the Ld. Counsel for the Corporate Debtor that this is no confirmation as it only states “received but not verified”. Furthermore, the stamp does not belong to the Corporate Debtor and it belongs to some other entity namely Port Project Private Limited.
In view of the above referred submissions and the record, we have no hesitation in concluding that the present petition is barred by limitation and therefore, the same is liable to be rejected.
Accordingly, C.P.(IB)/350/KB/2019 is hereby rejected.
File be consigned to record.