# In the matter of AKC Infrastructure Pvt. Ltd. vs. Amrit Cement Ltd.

> NCLAT judgment dated 2024-09-19. Citation: TCN-2024-NCLAT-00188. The case involves an appeal against an order dated 19.01.2021 by the National Company Law…

- **Court:** NCLAT
- **Order date:** 19 Sept 2024
- **Citation:** TCN-2024-NCLAT-00188
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/akc-infrastructure-pvt-ltd-vs-amrit-cement-ltd-849dc3ec

## Summary

### Background

The case involves an appeal against an order dated 19.01.2021 by the National Company Law Tribunal (NCLT), Guwahati Bench, which dismissed the main petition along with IA No.11/2020 and 12/2020. The application under Section 9 of the IB Code, 2016, was filed by the Operational Creditor on 29.06.2018 against the Corporate Debtor for defaulting on a sum of Rs.1,95,28,552/- for fabrication and erection of steel structure. The NCLT dismissed the application based on limitation. An earlier appeal against the order dated 17.12.2018 was allowed, directing the NCLT to allow the operational creditor to file necessary documents. The Corporate Debtor sought clarification, and the Tribunal clarified that the Adjudicating Authority should determine whether the claim was barred by

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## Facts

AKC Infrastructure Pvt Ltd (Appellant) filed an application under Section 9 of the IB Code against Amrit Cement Ltd (Respondent/Corporate Debtor) for defaulting on a payment of Rs.1,95,28,552/- for fabrication and erection of steel structure. Two work orders were issued by the Corporate Debtor on 13.08.2010 and 20.11.2010, and the work was completed with a completion certificate issued on 15.02.2013. The Operational Creditor raised 81 invoices. The Operational Creditor made demands from 2013 to March 2018 and sent a demand notice on 23.03.2018. The application under Section 9 was filed on 29.06.2018. The Corporate Debtor argued limitation. The NCLT dismissed the application. The Appellant filed an appeal before the NCLAT, which was initially dismissed but later

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of …

**Ratio:** The law of limitation applies from the date of default, as established by the Supreme

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**Reasoning:** The NCLT and initially the NCLAT held that the application was barred by limitation. The

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**Interpretation:** The interpretation of the limitation period under the IB Code is crucial. The

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**Application:** In this case, the invoices were raised between 02.11.2010 to 10.12.2012 and the

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## Parties

- **Judges:** Yogesh K…; Ajai Das Me…
- **Appellants:** AKC Infrastructure…
- **Respondents:** Amrit Ceme…

## Timeline

- **2010-08-13 — Work Order…**: Corporate Debtor issued a work…
- **2010-11-20 — Work Order…**: Corporate Debtor issued a work…

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