# In the matter of S  Arun Suspended Director Vs Ambal Agencies Represented By Mr.neeraj Aggarwal

> NCLAT judgment dated 2024-12-11. Citation: TCN-2024-NCLAT-00028. The appeal challenges an order dated 2024-11-28 by the NCLT, Chennai Bench, in CP…

- **Court:** NCLAT
- **Order date:** 11 Dec 2024
- **Citation:** TCN-2024-NCLAT-00028
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/s-arun-suspended-director-vs-ambal-agencies-represented-by-mrneeraj-aggarwal-ae359c0c

## Summary

### Background

The appeal challenges an order dated 2024-11-28 by the NCLT, Chennai Bench, in CP No.211/(CHE)/2022. The NCLT allowed a Section 9 application preferred by Respondent No. 1, the Operational Creditor, and admitted M/s. Sangam Metals Pvt. Ltd., the Corporate Debtor, into CIRP proceedings. The appellant argues that the Section 9 application is barred by limitation, even considering extensions due to the Covid-19 situation based on a Supreme Court judgment.

## Facts

S Arun, the suspended director of Sargam Metals Pvt. Ltd., is the appellant. Neeraj Agarwal, the proprietor of Ambal Agencies & Anr., is the respondent. The NCLT, Chennai Bench, admitted M/s. Sangam Metals Pvt. Ltd. into CIRP proceedings based on a Section 9 application filed by the operational creditor, Respondent No. 1. The appellant contends that the Section 9 application is barred by limitation, even after considering the extensions granted due to the Covid-19 pandemic as per a Supreme Court judgment. The order under challenge is dated 2024-11-28. The appellant is required to supply the email address and WhatsApp number of Respondent No. 1 to facilitate service of notice.

## Issues and analysis

### Issue 1: Whether the Section 9 application filed by the Operational Creditor is barred by limitation, …

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

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**Reasoning:** The court must determine whether the extensions granted by the Supreme Court due to the

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**Interpretation:** The interpretation of the Supreme Court's judgment on Covid-19 related

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**Application:** The court will apply the interpreted principles to the timeline of events,

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## Parties

- **Judges:** Sharad Kuma…; Jatindranat…
- **Appellants:** S Ar…
- **Respondents:** M/s. Sangam…; Neeraj Ag…

## Timeline

- **2022-01-10 — Supreme Court…**: Date of the Supreme Court judgment regarding the extension of limitation periods due to…
- **2022-01-01 — CP Filed…**: CP No.211/(CHE)/2022 filed…

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