Jurisdiction to decide whether the application u/s 9 is time barred by limitation or not, it is within the domain of the Adjudicating Authority and not NCLAT – State Bank of India Vs. Sical Logistics Ltd. – NCLAT New Delhi

SBI claimed to be an Operational Creditor and moved an application u/s 9 Code against M/s. Sical Logistics Ltd.- (Corporate Debtor). The Adjudicating Authority (NCLT) taking into consideration the fact that the date of default was 10.04.2008, rejected the application u/s 9 being barred by limitation. NCLAT rejected such submission and held that such submission cannot be accepted as it is within the domain of the Adjudicating Authority (Court of Competent Jurisdiction) to decide whether the application is barred by limitation or not.

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If any Public depositor applies showing due of the debt claiming itself as operational creditor and the Resolution Professional or the Tribunal do not accept the claim on the ground that they are not financial creditor, we allow the appellant to raise the question before the Tribunal and if any adverse decision is given by the Tribunal, it will be open to the appellant to raise the issue before NCLAT- Hind Motors India Ltd. Vs. Adjudicating Authority NCLT, Chandigarh – NCLAT New Delhi

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