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2022 Supreme(SC) 1012

S.ABDUL NAZEER, V.RAMASUBRAMANIAN
Punjab National Bank – Appellant
Versus
Vijay Sitaram Dandnaik – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dhruv Mehta, Ms. Kusum Lata, Mr. Mahesh K. Chaudhary, Adv., Mr. Sushmita Chaudhary, Adv., Ms. Sushma Das, Adv.
For the Respondent: Mr. Rahul Totala, Mr. Rohit Anil Rathi, AOR

ORDER :

1. The order of admission of their petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (for short “IBC”) passed by the National Company Law Tribunal (for short “NCLT”), having been reversed by the National Company Law Appellate Tribunal (for short “NCLAT”) on the ground that the application was barred by limitation, the Financial Creditor-Punjab National Bank has come up with the above appeal.

2. We have heard Shri Dhruv Mehta, learned senior counsel appearing for the appellant and Shri Rahul Totala, learned counsel appearing for the respondents.

3. The appellant herein filed a petition under Section 7 IBC against M/s Jailaxmi Sugar Products Pvt. Limited, the Corporate Debtor, who is the second respondent herein claiming, inter alia, (i) that vide sanction letters dated 07.05.2010 and 28.09.2010, a term loan was sanctioned to the second respondent herein; (ii) that by a letter dated 17.09.2011, restructuring of the existing term loans and fresh sanction of term loan was granted to the Corporate Debtor; (iii) that the Corporate Debtor defaulted in repayment and became a NPA on 31.03.2013; (iv) that the appellant issued a demand notice dated 30.04.2013 under Sec


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