The case involves an appeal filed by Advance Engineering Services against an order by the Adjudicating Authority (National Company Law Tribunal, Ahmedabad Bench) that rejected their Section 9 application under the Insolvency and Bankruptcy Code (IBC). Advance Engineering Services, an operational creditor, claimed that The Baroda Rayon Corporation Limited owed them money for flooring work done at their plant. The Adjudicating Authority rejected the application on the grounds of limitation.
Advance Engineering Services, a sole proprietorship firm, performed flooring work for The Baroda Rayon Corporation Limited at its Fateh Nagar, Udhna plant. The work order was issued on 2004-07-12. The appellant completed the work and received some payments. The respondent informed the appellant on 2007-06-19 that Rs. 39,00,631.50 was owed for the period 2003-04-01 to 2004-09-30. The respondent was declared a sick unit under the Sick Industrial Companies Act, 1985 (SICA). The appellant claimed the respondent acknowledged the debt through fax messages and written acknowledgments. After not receiving the due amount, the appellant issued a demand notice under Section 8 of the IBC and filed a company petition, which was contested by the respondent on the grounds of
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The respondent company…
The respondent informed the appellant that…
The case involves an appeal filed by Advance Engineering Services against an order by the Adjudicating Authority (National Company Law Tribunal, Ahmedabad Bench) that rejected their Section 9 application under the Insolvency and Bankruptcy Code (IBC). Advance Engineering Services, an operational creditor, claimed that The Baroda Rayon Corporation Limited owed them money for flooring work done at their plant. The Adjudicating Authority rejected the application on the grounds of limitation.
Advance Engineering Services, a sole proprietorship firm, performed flooring work for The Baroda Rayon Corporation Limited at its Fateh Nagar, Udhna plant. The work order was issued on 2004-07-12. The appellant completed the work and received some payments. The respondent informed the appellant on 2007-06-19 that Rs. 39,00,631.50 was owed for the period 2003-04-01 to 2004-09-30. The respondent was declared a sick unit under the Sick Industrial Companies Act, 1985 (SICA). The appellant claimed the respondent acknowledged the debt through fax messages and written acknowledgments. After not receiving the due amount, the appellant issued a demand notice under Section 8 of the IBC and filed a company petition, which was contested by the respondent on the grounds of
…The respondent company…
The respondent informed the appellant that…