The burden of prima facie proving occurrence of the default and that the application filed under Section 7 of the Code is within the period of limitation, is entirely on the financial creditor – Rajendra Narottamdas Sheth & Anr. Vs. Chandra Prakash Jain & Anr. – Supreme Court

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The exercise of power by the Adjudicating Authority to extend the time period under section 12(3) of the Code in negation of statutory provision of the Code may be desirable in an exceptional/extraordinary Circumstances of a given case by exercising sound Judicial discretion with a view to find a suitable Resolution Plan to prevent an aberration of justice – Mr.Ravi Sankar Deverakonda Vs. Committee of Creditors of Meenakshi Energy Limited – NCLAT Chennai

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