# In the matter of Brandbaron Marketing Pvt. Ltd. Vs. Times Internet Ltd. Company Appeal (AT) (Insolvency) No. 12 of 2022

> NCLAT judgment dated 2022-05-23. Citation: TCN-2022-NCLAT-00468. Brandbaron Marketing Pvt. Ltd. filed an appeal against the order dated 14.10.2021 passed by…

- **Court:** NCLAT
- **Order date:** 23 May 2022
- **Citation:** TCN-2022-NCLAT-00468
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/brandbaron-marketing-pvt-ltd-vs-times-internet-ltd-company-appeal-8631c994

## Summary

### Background

Brandbaron Marketing Pvt. Ltd. filed an appeal against the order dated 14.10.2021 passed by the National Company Law Tribunal (NCLT), Court-V, New Delhi, which rejected their application under Section 9 of the Insolvency and Bankruptcy Code (IBC) as time-barred. The appellant had provided advertising and brand development services to Times Business Solutions Ltd., which later merged with Times Internet Ltd. A winding-up petition was filed against Times Business Solutions Ltd., but it was dismissed due to non-compliance with Section 434 of the Companies Act, 1956, as no statutory notice was served to Times Internet Ltd. The appellant then filed an application under Section 9 of the IBC, which was rejected by the NCLT as time-barred.

## Facts

Brandbaron Marketing Pvt. Ltd. (Appellant) provided advertising services to Times Business Solutions Ltd. An amount of Rs. 87,81,526.80 became due. Times Business Solutions Ltd. merged with Times Internet Ltd. (Respondent) on 26.09.2014. The Appellant filed a winding-up petition against Times Business Solutions Ltd. in the High Court of Delhi, which was dismissed on 13.03.2019 because the Appellant failed to serve a statutory notice to Times Internet Ltd., as required by Section 434 of the Companies Act, 1956. The High Court granted liberty to the Appellant to take steps as per law against the actual entity. The Appellant issued a notice dated 01.12.2019 to Times Internet Ltd. claiming the outstanding amount, which was served on 04.12.2019. The Corporate Debtor (Times

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## Issues and analysis

### Issue 1: Whether the period during which the winding-up petition filed by the Appellant in the High Court of …

**Ratio:** Section 14 of the Limitation Act allows for the exclusion of time spent prosecuting a

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**Reasoning:** The court relied on Supreme Court judgments, including Roshanlal Khuthalia and Ors. vs.

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**Interpretation:** Section 14(2) of the Limitation Act should be interpreted broadly to include

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**Application:** In this case, the winding-up petition was dismissed because the Appellant

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## Parties

- **Judges:** Ashok Bh…; Alok Sriv…
- **Appellants:** Brandbaron…
- **Respondents:** Times Internet…
- **Advocates:** Sanjeev…; Krishnendu…; +1 more

## Timeline

- **2012-10-12 — Service Agr…**: Appellant entered into a Service…
- **2014-09-26 — Merger…**: Times Business Solutions Ltd.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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