ORDER

1. Appeal admitted.

2. Heard learned counsel for the parties.

3. This appeal takes exception to the judgment and order dated 17.09.2018 passed by the National Company Law Appellate Tribunal at New Delhi, in Company Appeal (AT) (Insolvency) No. 549/2018.

4. The National Company Law Appellate Tribunal dismissed the appeal preferred by the appellant against the order passed by the National Company Law Tribunal, Mumbai admitting the application bearing No. CP (IB) - 488/I & BP/MB/2018 vide order dated 09.08.2018.

5. For the nature of order that we propose to pass, it is not necessary to reproduce the factual matrix of the case. Suffice it to observe that the respondent filed the aforementioned Company Petition before the National Company Law Tribunal under Section 7 of the I.& B. Code. The same was admitted on 09.08.2018 and consequential directions came to be issued in the matter. In the appeal preferred before the National Company Law Appellate Tribunal, one of the grounds agitated in the appeal memo was that the claim of the respondent was admittedly barred by time. For, admittedly, the default was committed on 08.07.2011 whereas the petition had been filed in March 2018.

6. A