# In the matter of Indospirit Distribution Limited vs. Kristal Spirits India Pvt. Ltd.

> NCLAT judgment dated 2025-01-09. Citation: TCN-2025-NCLAT-00275. The appeal was filed against an order dated 16.10.2023 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 9 Jan 2025
- **Citation:** TCN-2025-NCLAT-00275
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/indospirit-distribution-limited-vs-kristal-spirits-india-pvt-ltd-57d8fed1

## Summary

### Background

The appeal was filed against an order dated 16.10.2023 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi) in CP(IB) No. 540 of 2023, which dismissed a Section 9 petition filed by the Appellant as time-barred. The appellant argued that the Adjudicating Authority misinterpreted the Supreme Court's judgment in 'In Re: Cognizance for Extension of Limitation' dated 10.01.2022. The date of default was admitted as 01.11.2019, and the normal limitation period would have ended on 01.11.2022. However, the Supreme Court's judgment excluded the period from 15.03.2020 to 28.02.2022 for limitation purposes.

## Facts

The corporate debtor defaulted on 01.11.2019. The normal limitation period for filing a Section 9 petition under the IBC would have ended on 01.11.2022. The appellant filed a Section 9 petition, which was dismissed by the Adjudicating Authority as time-barred. The Adjudicating Authority's decision was based on the calculation of the limitation period without considering the Supreme Court's order regarding the extension of limitation due to the COVID-19 pandemic. The Supreme Court, in 'In Re: Cognizance for Extension of Limitation' dated 10.01.2022, stated that the period from 15.03.2020 to 28.02.2022 should be excluded for limitation purposes. The Section 9 petition was filed on 31.08.2023. The appellant argued that the exclusion of the period from 15.03.2020 to

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in …

**Ratio:** The Supreme Court's order in 'In Re: Cognizance for Extension of Limitation' dated

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**Reasoning:** The court reasoned that the Supreme Court's order regarding the extension of limitation

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**Interpretation:** The Supreme Court's order in 'In Re: Cognizance for Extension of Limitation'

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**Application:** The court applied the ratio to the facts of the case and found that the

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## Parties

- **Judges:** Yogesh K…; Ajai Das Me…
- **Appellants:** Indospirit…
- **Respondents:** Kristal Spirits…

## Timeline

- **2019-11-01 — Date of D…**: The corporate debtor…
- **2022-01-10 — Supreme Cour…**: The Supreme Court issued an order in 'In Re: Cognizance for Extension of Limitation'…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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