An application which is barred by time has to be rejected by the Court even if no defence of limitation was raised – Sheetal Impex Pvt. Ltd. Vs. Shree Swastic Sales Corporation Pvt. Ltd. – NCLAT New Delhi

In this Section 7 case, NCLAT held that TDS deduction cannot give any extension to the limitation period. It is well settled that the application which is barred by time has to be rejected by the Court even if no defence of limitation was raised. The Appeal is dismissed.

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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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