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1. As per the earlier order dated 20 February 2026, the parties
were heard on the preliminary point on various dates with respect to
the limitation. The issue which arises for my consideration is whether
the Insolvency Petition No.12 of 2023 filed during Covid-19 Pandemic
is barred for non-satisfaction of condition precedent as prescribed by
Section 12(1)(c) of the Presidency Towns Insolvency Act, 1909 ?
BRIEF FACTS:-
2. The petitioning-creditor (original plaintiff) had filed a suit
being Short Cause Suit No.1279 of 2015 against judgment debtor
no.1-partnership firm (original defendant no.1) for specific
performance of the obligation under the Maharashtra Ownership
Flats (Regulation of the Promotion of Construction, Sale,
Management and Transfer) Act, 1963 (‘MOFA’). In the suit originally
filed, the partners of judgment debtor no.1 were not made parties.
