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2021 Supreme(SC) 1140

K. M. JOSEPH, PAMIDIGHANTAM SRI NARASIMHA
State Bank Of India – Appellant
Versus
Vibha Agro Tech Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V. M. Kannan, Adv., Mr. Sanjay Kapur, AOR, Ms. Megha Karnwal, Adv., Mr. Arjun Bhatia, Adv., Ms. Shubhra Kapur, Adv.
For the Respondent: Mr. Nikhil Nayyar, Sr. Adv., Mr. Devashish Chauhan, Adv., Ms. Charchika Yadav, Adv., Ms. Charu Ambwani, AOR

ORDER :

1. This appeal is directed against the order of the National Company Law Appellate Tribunal (hereinafter referred to as ‘NCLAT’ for brevity) dismissing the appeal filed by the appellant.

2. The appellant-Bank filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘IBC’ for brevity) on 12.09.2018. The application was dismissed on the ground that it is barred by time. In the appeal, the NCLAT has affirmed the decision of the National Company Law Tribunal (hereinafter referred to as ‘NCLT’ for brevity).

3. We have heard Shri V.M. Kannan, learned counsel for the appellant, and Shri Nikhil Nayyar, learned senior counsel for the respondent.

4. The argument which is pressed before us by the learned counsel for the appellant is that, in this case, there were acknowledgements made by the respondent in its balance sheets which would operate as acknowledgement under Section 18 of the Limitation Act, 1963. In this regard, he drew support from judgment in Asset Reconstruction Company (India) Limited v. Bishal Jaiswal and Another (2021) 6 SCC 366. A perusal of the order would reveal that the NCLAT has indeed considered the case of acknowl


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