materials. There is no pale of controversy that the liability of the guarantor is coextensive with the principal debtor. The principal debtor was admitted into CIRP on 08.06.2018 in CP(IB) No.129/KB/2018 by NCLT-Kolkata. The said order copy is filed along with this petition as annexure 4. In the said order the Adjudicating Authority observed in paragraph 9 ( page 69 of petition ) that the corporate debtor admitted the debt due to the financial creditor vide letter dated 31.03.2018 . This finding in the order proves that the debt was acknowledged in writing on 31.03.2018, if it is so the three years period of limitation expires on 31.03.2021. In view of Supreme Court SUO Moto Judgement, order dated 10.01.2022 the period from15.03.2020 to 28.02.2022 should be excluded from the period of limitation. From 1.04.2018 to 14.03.2020, one year, eleven months and 14 days expired, the remaining available period of limitation is one year, and 16 days. As per SUO-Moto Judgment in a case where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply. In this case remaining balance period is one year and 16 days, so the limitation expires on 16.03.2023, but this petition was filed on 28.10.2022 hence prima facie it is proved that petition is filed in time.
