# Ramesh Kymal Vs. M/s. Siemens Gamesa Renewable Power Private Limited CA(AT)(Ins)No. 701 of 2020

> NCLAT judgment dated 2020-10-19. Citation: TCN-2020-NCLAT-00075. The appeal arises from an order dated July 9, 2020, passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 19 Oct 2020
- **Citation:** TCN-2020-NCLAT-00075
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ramesh-kymal-vs-ms-siemens-gamesa-renewable-power-private-limited-ca-9aa2852f

## Summary

### Background

The appeal arises from an order dated July 9, 2020, passed by the Adjudicating Authority (National Company Law Tribunal), Division Bench-I, Chennai, in IA/395/2020 in IBA/215/2020. The Adjudicating Authority declined to admit an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 ('I&B Code'), holding that a bar was created by law in terms of the newly inserted Section 10A coming into force. The Operational Creditor, Mr. Ramesh Kymal, filed the application against the Corporate Debtor, M/s. Siemens Gamesa Renewable Power Pvt. Ltd. The application was rejected because the default was deemed to have occurred after March 25, 2020, which fell under the period where Section 10A was in effect.

## Facts

Mr. Ramesh Kymal, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Siemens Gamesa Renewable Power Pvt. Ltd., the Corporate Debtor. The Adjudicating Authority (National Company Law Tribunal) rejected the application, citing Section 10A of the I&B Code, which was introduced as an amendment ordinance. Section 10A provides a bar on initiating CIRP for defaults occurring on or after March 25, 2020, for a specified period due to the COVID-19 pandemic. The Adjudicating Authority determined that the default occurred after March 25, 2020. The Operational Creditor appealed this decision, arguing that Section 10A should not apply to applications

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## Issues and analysis

### Issue 1: Whether the amending provision of Section 10A introduced in I&B Code providing for suspension …

**Ratio:** Section 10A of the I&B Code places an embargo on filing applications for the

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**Reasoning:** The court reasoned that a plain reading of Section 10A makes it clear that the section,

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**Interpretation:** The interpretation of Section 10A involves understanding the legislative intent

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**Application:** In the instant case, the court found that the default occurred after March 25,

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## Parties

- **Judges:** Bansi Lal…; Jarat Kuma…; +1 more
- **Appellants:** Ramesh…
- **Respondents:** M/s Siemens…; M/s. Siemens…
- **Other parties:** 7th Edition…; Suspension of…; +5 more
- **Advocates:** P.H. Arvindh…; Goutham Shivshanka…; +6 more

## Timeline

- **2020-07-09 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Division Bench-I, Chennai,…
- **2020-03-25 — Cut-off Date under…**: Section 10A of the I&B Code specifies March 25, 2020, as the cut-off date for defaults,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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