# In the matter of State Bank of India Vs. Sical Logistics Ltd. CA(AT)(Ins) No. 16 of 2020

> NCLAT judgment dated 2020-01-08. Citation: TCN-2020-NCLAT-00556. The Appellant, State Bank of India, claimed to be an 'Operational Creditor' and filed an…

- **Court:** NCLAT
- **Order date:** 8 Jan 2020
- **Citation:** TCN-2020-NCLAT-00556
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/state-bank-of-india-vs-sical-logistics-ltd-ca-1fb7b5c5

## Summary

### Background

The Appellant, State Bank of India, claimed to be an 'Operational Creditor' and filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against M/s. Sical Logistics Ltd., the 'Corporate Debtor'. The Adjudicating Authority (National Company Law Tribunal), Division Bench-I, Chennai, rejected the application by order dated November 19, 2019, considering that the date of default was April 10, 2008, and the application was barred by limitation.

## Facts

State Bank of India, claiming to be an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Sical Logistics Ltd. The date of default was April 10, 2008. The Adjudicating Authority rejected the application, considering it was barred by limitation. The Appellant filed an appeal against this order. The Appellant's counsel argued that the Respondent did not raise the plea of limitation. The appellate tribunal condoned a delay of 7 days in filing the appeal but ultimately dismissed the appeal.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 is barred by …

**Ratio:** An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 must be filed

…

**Reasoning:** The Adjudicating Authority considered the date of default to be April 10, 2008, and found

…

**Interpretation:** Section 238A of the I&B Code incorporates the provisions of the Limitation

…

**Application:** The date of default was April 10, 2008. The application under Section 9 was

…

## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** State Bank of…
- **Respondents:** SICAL LOGISTICS…
- **Advocates:** Sindhu…; Ashwini Kumar…

## Timeline

- **2008-04-10 — Date of D…**: The date of default by Sical…
- **2019-11-19 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Division Bench-I, Chennai,…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/state-bank-of-india-vs-sical-logistics-ltd-ca-1fb7b5c5