Date of limitation starts from date of denial by debtor: NCLAT

Aditi Singh September 11 2019
NCLAT

The National Company Law Appellate Tribunal (NCLAT) has held that a dispute raised with respect to the "quantum of the amount" in the absence of any suit or arbitration or other evidence cannot be said to be a "pre-existing dispute" in terms of Section 9 of the Insolvency and Bankruptcy Code, 2016.

In the present case, the Appellate Tribunal also accepted the period of limitation to have begun from the date of the denial of the claim amount by the Corporate Debtor, and not from the date of invoices . . .

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