NCLT Ahmedabad dismissed an insolvency petition filed by Atradius Dutch State Business against Computer Skill Limited for a debt claim.
The petition sought winding up over unpaid debt of Euro 4.3 million principal plus interest, totaling Euro 12.07 million as of July 2024.
The tribunal found the claim time-barred as the last payment was due in 2009 and petition filed in 2013, exceeding the 3-year limitation period.
Respondent argued no demand notice was served, Form 5 was defective, and there was no privity of contract with the creditor.