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2022 Supreme(SC) 296

HEMANT GUPTA, V. RAMASUBRAMANIAN
SVG Fashions Pvt. Ltd. (Earlier Known as SVG Fashions Ltd. – Appellant
Versus
Ritu Murli Manohar Goyal – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Saurabh Mishra, AOR
For the Respondent(s): Mr. Keith Varghese, Adv. Ms. Rashi Bansal, AOR Mrs. Meera Mathur, AOR Mr. Sumit Kansal, Adv. Mr. Bhupesh Kumar Pathak, Adv.

JUDGMENT :

V. Ramasubramanian, J.

Aggrieved by the order of the National Company Law Appellate Tribunal (for short "NCLAT"), reversing the order of 'Admission' passed by the National Company Law Tribunal (for short "NCLT") and holding that their application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for short "the Code") was barred by limitation, the operational creditor has come up with the present appeal.

2. We have heard the learned counsel for the appellant-operational creditor; the learned counsel for the first respondent-shareholder and Director of the corporate-debtor and the learned counsel for the second respondent-Interim Resolution Professional.

3. The appellant herein filed an application under Section 9 of the Code on 20.04.2018 against M/S Arpita Filaments Private Limited, contending inter alia: that the corporate-debtor started having business dealings with them from 2013; that they sold and delivered various fabrics to the corporate-debtor; that the corporate-debtor was irregular in making payments as per the bills; and that the demand notice issued by them under Section 8 of the Code read with Rule 5 did not invoke any response.

4. Before NCLT, the cor

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