Brand new South carolina noticed that NCLAT was not lured to deal with the fresh new submission of Appellant Organization, that whole matter is paid down, for 2 supposed grounds. The first cause try the Relationship Statement exhibited costs out of particular amounts amounting in order to INR 53,05,000/- towards Traditions, Chennai and you may payments amounting so you’re able to INR 1,75,000/- in favour of one Mr. Kulasekaran. The fresh new Participants, as economic creditors, got debated that these repayments was for the dues of your own monetary financial institutions. Next cause try you to definitely, when your total matter was actually paid off, you will find no reason towards the Appellant Providers when planning on taking this new plea that the amount was not payable, an identical being barred by limit.
Responding into the 2nd reason, the newest Sc noticed that it’s well settled in-law you to solution defences are permissible to event a state. It had been ergo accessible to the latest Appellant Company, in order to reject this new claim of your Respondents by taking the fresh plea away from restriction and also to compete you to definitely no amount was in facts owed and payable of the Appellant Providers for the Respondents. อ่านเพิ่มเติม “ICICI Lender and another [(2018) step one SCC 407] and you can B”