# In the matter of Haabia Resources Pvt. Ltd. vs. Vidyut Metallics Pvt. Ltd.

> NCLAT judgment dated 2025-09-01. Citation: TCN-2025-NCLAT-00496. The appeal was filed against the order passed by the Adjudicating Authority, which rejected…

- **Court:** NCLAT
- **Order date:** 1 Sept 2025
- **Citation:** TCN-2025-NCLAT-00496
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/haabia-resources-pvt-ltd-vs-vidyut-metallics-pvt-ltd-6cc82e69

## Summary

### Background

The appeal was filed against the order passed by the Adjudicating Authority, which rejected the Section 9 application filed by the appellant as barred by time. The Adjudicating Authority noted that the MSME Council Awards, on which the operational creditor's claims were based, had attained finality in 2013, while the Section 9 application was filed in 2022, exceeding the limitation period.

## Facts

The Adjudicating Authority rejected the Section 9 application filed by the appellant as barred by time.

The operational creditor's claims were based on MSME Council Awards dated 26.02.2011.

The MSME Council Awards were challenged by the Corporate Debtor before the City Civil Court, Hyderabad, and the appeals were dismissed by the Andhra Pradesh High Court.

The Corporate Debtor approached the Supreme Court, but the appeal was withdrawn on 11.03.2013.

The Section 9 application was filed on 23.03.2022, which is beyond the limitation period of three years from the date of default as per Article 137 of the Limitation Act.

The appellant argued that the Section 8 notice was given on 01.12.2019, and the Section 9 application was filed on 03.03.2020, making it within time.

…

## Issues and analysis

### Issue 1: Whether the Section 9 …

**Ratio:** The Section 9 application has to be filed under Article 137 of the Limitation Act within

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**Reasoning:** The MSME Council Awards had attained finality in 2013, and the Section 9 application was

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**Interpretation:** Article 137 of the Limitation Act applies to applications under Section 9 of

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**Application:** The court applied Article 137 of the Limitation Act and found that the Section

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Haabia Resources…
- **Respondents:** Vidyut Metallics…
- **Advocates:** Ajit An…; Madhuri…; +9 more

## Timeline

- **2011-02-26 — MSME Council…**: MSME Council Awards…
- **2013-03-11 — Withdrawal from Supreme…**: Challenge in the Hon'ble…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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