# In the matter of Pramod Chainsing Rajput Vs Unique Sugars Ltd

> NCLAT judgment dated 2024-02-07. Citation: TCN-2024-NCLAT-00650. The case involves an appeal against an order where the application filed by the Operational…

- **Court:** NCLAT
- **Order date:** 7 Feb 2024
- **Citation:** TCN-2024-NCLAT-00650
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/pramod-chainsing-rajput-vs-unique-sugars-ltd-fc12f754

## Summary

### Background

The case involves an appeal against an order where the application filed by the Operational Creditor was considered barred by time. The invoices were raised between March 17, 2015, and February 6, 2016, and the application was filed in August 2020. The Adjudicating Authority relied on audited annual financial statements from 2016-2017 to 2021-2022. The appellant argues that the balance sheet did not contain any acknowledgment within the meaning of Section 18 of the Limitation Act, 1963, and that the mention of sundry creditors cannot be considered an acknowledgment.

## Facts

Pramod Chainsing Rajput filed an appeal against Unique Sugars Ltd. & Anr. The appeal concerns an application filed by an Operational Creditor that was allegedly barred by limitation. Invoices were issued between March 17, 2015, and February 6, 2016, and the application was filed in August 2020. The Adjudicating Authority considered audited financial statements from 2016-2017 to 2021-2022. The appellant contends that the balance sheet lacks acknowledgment of debt under Section 18 of the Limitation Act, 1963, and the mention of sundry creditors does not constitute valid acknowledgment. The relevance of these facts lies in determining whether the debt claim is enforceable given the limitation period and the nature of acknowledgment, if any.

## Issues and analysis

### Issue 1: Whether the application filed by the …

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

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**Reasoning:** The court needs to determine when the cause of action arose and whether the application

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**Interpretation:** The Limitation Act, 1963, sets the time limits for filing lawsuits and other

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**Application:** The court will apply the dates of the invoices (March 17, 2015, and February 6,

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Pramod Chainsing…
- **Respondents:** Unique Suga…
- **Advocates:** Abhijeet…; Sandeep De…; +3 more

## Timeline

- **2015-03-17 — Invoice R…**: One of the invoices was…
- **2016-02-06 — Invoice R…**: Another invoice was…

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