The case involves an appeal against the order of the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, which dismissed an application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016, by New Bharat Refractories Ltd. (Financial Creditor) against Dhendai Tea and Industries Pvt. Ltd. (Corporate Debtor). The Adjudicating Authority dismissed the application on the ground that it was barred by limitation.
New Bharat Refractories Ltd. filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process against Dhendai Tea and Industries Pvt. Ltd. The Adjudicating Authority, Kolkata Bench, dismissed the application, citing that it was barred by limitation. The loan became due and payable on March 31, 2015. The application under Section 7 was filed on October 10, 2018. The key fact is the time elapsed between the date the loan became due and the date the application was filed, which determined whether the application was within the limitation period.
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The case involves an appeal against the order of the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, which dismissed an application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016, by New Bharat Refractories Ltd. (Financial Creditor) against Dhendai Tea and Industries Pvt. Ltd. (Corporate Debtor). The Adjudicating Authority dismissed the application on the ground that it was barred by limitation.
New Bharat Refractories Ltd. filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process against Dhendai Tea and Industries Pvt. Ltd. The Adjudicating Authority, Kolkata Bench, dismissed the application, citing that it was barred by limitation. The loan became due and payable on March 31, 2015. The application under Section 7 was filed on October 10, 2018. The key fact is the time elapsed between the date the loan became due and the date the application was filed, which determined whether the application was within the limitation period.
The loan amount became…
Application under…
Sign in to view related legal provisions.