The case involves an appeal against an order dated 19.01.2021 by the National Company Law Tribunal (NCLT), Guwahati Bench, which dismissed the main petition along with IA No.11/2020 and 12/2020. The application under Section 9 of the IB Code, 2016, was filed by the Operational Creditor on 29.06.2018 against the Corporate Debtor for defaulting on a sum of Rs.1,95,28,552/- for fabrication and erection of steel structure. The NCLT dismissed the application based on limitation. An earlier appeal against the order dated 17.12.2018 was allowed, directing the NCLT to allow the operational creditor to file necessary documents. The Corporate Debtor sought clarification, and the Tribunal clarified that the Adjudicating Authority should determine whether the claim was barred by
…AKC Infrastructure Pvt Ltd (Appellant) filed an application under Section 9 of the IB Code against Amrit Cement Ltd (Respondent/Corporate Debtor) for defaulting on a payment of Rs.1,95,28,552/- for fabrication and erection of steel structure. Two work orders were issued by the Corporate Debtor on 13.08.2010 and 20.11.2010, and the work was completed with a completion certificate issued on 15.02.2013. The Operational Creditor raised 81 invoices. The Operational Creditor made demands from 2013 to March 2018 and sent a demand notice on 23.03.2018. The application under Section 9 was filed on 29.06.2018. The Corporate Debtor argued limitation. The NCLT dismissed the application. The Appellant filed an appeal before the NCLAT, which was initially dismissed but later
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The case involves an appeal against an order dated 19.01.2021 by the National Company Law Tribunal (NCLT), Guwahati Bench, which dismissed the main petition along with IA No.11/2020 and 12/2020. The application under Section 9 of the IB Code, 2016, was filed by the Operational Creditor on 29.06.2018 against the Corporate Debtor for defaulting on a sum of Rs.1,95,28,552/- for fabrication and erection of steel structure. The NCLT dismissed the application based on limitation. An earlier appeal against the order dated 17.12.2018 was allowed, directing the NCLT to allow the operational creditor to file necessary documents. The Corporate Debtor sought clarification, and the Tribunal clarified that the Adjudicating Authority should determine whether the claim was barred by
…AKC Infrastructure Pvt Ltd (Appellant) filed an application under Section 9 of the IB Code against Amrit Cement Ltd (Respondent/Corporate Debtor) for defaulting on a payment of Rs.1,95,28,552/- for fabrication and erection of steel structure. Two work orders were issued by the Corporate Debtor on 13.08.2010 and 20.11.2010, and the work was completed with a completion certificate issued on 15.02.2013. The Operational Creditor raised 81 invoices. The Operational Creditor made demands from 2013 to March 2018 and sent a demand notice on 23.03.2018. The application under Section 9 was filed on 29.06.2018. The Corporate Debtor argued limitation. The NCLT dismissed the application. The Appellant filed an appeal before the NCLAT, which was initially dismissed but later
…Corporate Debtor issued…
Corporate Debtor issued…
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