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A. M. KHANWILKAR, DINESH MAHESHWARI
Babulal Vardharji Gurjar – Appellant
Versus
Veer Gurjar Aluminium Industries Private Limited – Respondent
JUDGMENT :
DINESH MAHESHWARI, J.
Introductory with brief outline and issue involved
1. This appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 1 [Hereinafter also referred to as 'the Code' or 'IBC.] is directed against the judgment and order dated 14.05.2019 passed by the National Company Law Appellate Tribunal, New Delhi2 [Hereinafter also referred to as 'the Appellate Tribunal' or 'NCLAT'.] in Company Appeal (AT) Insolvency No. 549 of 2018 whereby, the Appellate Tribunal has rejected the contention that the application made by respondent No. 2 under Section 7 of the Code, seeking initiation of Corporate Insolvency Resolution Process 3 ['CIRP' for short.] in respect of the debtor company (respondent No. 1 herein), is barred by limitation; and has declined to interfere with the order dated 09.08.2018, passed by the National Company Law Tribunal, Mumbai Bench 4 [Hereinafter also referred to as 'the Adjudicating Authority' or 'the Tribunal' or 'NCLT.] in CP(IB)-488/I&BP/MB/2018, for commencement of CIRP as prayed for by the respondent No. 2.
2. A brief introduction o
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