# In the matter of A. Srinivasan Vs. PMI Engineering Exports Pvt. Ltd. CA(AT)(Ins) No. 45 of 2020

> NCLAT judgment dated 2020-01-10. Citation: TCN-2020-NCLAT-00552. The case is an appeal under Section 7 of the Insolvency and Bankruptcy Code, 2016. The…

- **Court:** NCLAT
- **Order date:** 10 Jan 2020
- **Citation:** TCN-2020-NCLAT-00552
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/a-srinivasan-vs-pmi-engineering-exports-pvt-ltd-ca-a39d62c8

## Summary

### Background

The case is an appeal under Section 7 of the Insolvency and Bankruptcy Code, 2016. The appellant's counsel argues that the application is barred by limitation. The court orders a notice to be issued to the respondent via speed post, with requisites and process fees to be filed by January 13, 2020. If the appellant provides the respondent's email address, notice should also be issued via email. The case is scheduled for orders on February 4, 2020, with the possibility of disposal on that date. The Interim Resolution Professional is instructed not to constitute a Committee of Creditors if it hasn't already been done. The Corporate Debtor should remain a going concern, and manufacturing and production should not suffer. Wages to employees/workmen should be paid on time,

…

## Facts

A. Srinivasan filed an appeal against M/s. PMI Engineering Exports Pvt. Ltd. under Section 7 of the Insolvency and Bankruptcy Code, 2016. The appellant's counsel argued that the application is barred by limitation. The court ordered a notice to be issued to the respondent via speed post, with requisites and process fees to be filed by January 13, 2020. If the appellant provides the respondent's email address, notice should also be issued via email. The case is scheduled for orders on February 4, 2020. The Interim Resolution Professional is instructed not to constitute a Committee of Creditors if it hasn't already been done. The Corporate Debtor should remain a going concern, and manufacturing and production should not suffer. Wages to employees/workmen should be paid

…

## Issues and analysis

### Issue 1: Whether the application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is barred by …

**Ratio:** The principle of limitation dictates that legal proceedings must be initiated within a

…

**Reasoning:** The court acknowledges the appellant's argument that the application may be barred by

…

**Interpretation:** The interpretation of the limitation period for Section 7 applications involves

…

**Application:** The court will need to determine when the default occurred and whether the

…

## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** A. Srini…
- **Respondents:** PMI Engineering…; M/s. PMI Engineeri…

## Timeline

- **2020-01-10 — Appellant's Su…**: Appellant's counsel submits that the application under Section 7 of the Insolvency and…
- **2020-01-13 — Deadline for Filing…**: Deadline for the appellant to file requisites and process fees for issuing notice to the…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/a-srinivasan-vs-pmi-engineering-exports-pvt-ltd-ca-a39d62c8