# In the matter of A2Z Infraservices Ltd. vs. Reliance Realty Ltd.

> NCLAT judgment dated 2023-12-12. Citation: TCN-2023-NCLAT-00034. The appeal was filed against the order dated 09.02.2023 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 12 Dec 2023
- **Citation:** TCN-2023-NCLAT-00034
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/a2z-infraservices-ltd-vs-reliance-realty-ltd-614ec584

## Summary

### Background

The appeal was filed against the order dated 09.02.2023 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench), which dismissed an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, due to limitation. The application was dismissed on the grounds of limitation, with the Tribunal observing that the first invoice was dated 31.05.2016, payable within 30 days up to 31.06.2016, and the application was filed on 30.08.2019, beyond the three-year limitation period.

## Facts

A2Z Infraservices Ltd. filed an appeal against an order by the National Company Law Tribunal (NCLT), Mumbai Bench, which dismissed their application under Section 9 of the Insolvency and Bankruptcy Code, 2016, due to limitation. The total debt claimed in the application was Rs. 4,09,00,215 based on invoices from 31.05.2016 to 31.03.2017. The application was filed on 09.05.2019. The NCLT observed that the first invoice was dated 31.05.2016, payable within 30 days (31.06.2016), and the application was filed on 30.08.2019, exceeding the three-year limitation period. The appellant argued that the NCLT erred in considering the filing date as 30.08.2019, as the Tribunal's record showed it was registered on 09.05.2019, within the limitation period. The respondent argued that

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## Issues and analysis

### Issue 1: Whether the application filed by the Appellant was within the period of limitation as prescribed by …

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

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**Reasoning:** The NCLAT reasoned that the Tribunal's record indicated the application was filed on

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**Interpretation:** The interpretation of the limitation period is crucial in determining the

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**Application:** In this case, the NCLAT applied the principle of limitation by examining the

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…
- **Appellants:** A2Z Infraservices…
- **Respondents:** Reliance Realty…

## Timeline

- **2016-05-31 — Date of First…**: The first invoice, which formed the basis of…
- **2016-06-31 — Due Date of First…**: The first invoice was to be paid…

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