- (1.) Learned counsel for the petitioner firstly states that Section 4 to 25 of the Limitation Act, 1963 do not apply to the Insolvency and Bankruptcy Code, 2016, In support of the aforesaid submission reliance has been placed of a judgment of the Hon'ble NCLAT rendered in the case of M/s. Speculum Plast Pvt. Ltd. v. PTC Techno Pvt. Ltd., Company Appeal (AT) No. 47/2017 decided on 07.11.2017 and another judgment of the Hon'ble NCLAT rendered in the case of Black Pearl Hotel Pvt. Ltd. v. Planet M Retail Ltd., Company Appeal (AT) No. 91/2017 decided on 17.10.2017. In the alternative it has also been argued that an acknowledgment of debt was made on 14.06.2017 in respect of the debt which payable on 12.03.2010. According to the learned counsel Section 18 of the Limitation Act would not come in the way even if the acknowledgment has been made after expiry of three years as has been held by learned Single (" uadge of the Hon'ble Delhi High Court in the case of State Bank of India v. Kanahiya Lai & Anr., RSA No. 248/2015 decided on 02.05.2016.
(2.) Notice to show cause to the respondent returnable on 29.11.2017 be issued as to why the petition be not admitted.
(3.) It will be permissible to the learned counsel for the petitioner to serve the respondent by electronic mode i.e. email in addition to ordinary process.;