# In the matter of State of West Bengal Vs. Keshav Park Private Limited & Anr. Company Appeal (AT) (Insolvency) No. 330-331 of 2020

> NCLAT judgment dated 2021-12-08. Citation: TCN-2021-NCLAT-00020. This case involves an appeal against an order passed by the Adjudicating Authority/National…

- **Court:** NCLAT
- **Order date:** 8 Dec 2021
- **Citation:** TCN-2021-NCLAT-00020
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/state-of-west-bengal-vs-keshav-park-private-limited-anr-company-appeal-0d5af34c

## Summary

### Background

This case involves an appeal against an order passed by the Adjudicating Authority/National Company Law Tribunal, Kolkata Bench, which admitted a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, State of West Bengal, challenged the order, arguing that the operational creditor's (Keshav Park Private Limited) application was barred by limitation. The corporate debtor, West Bengal Biotech Development Corporation Limited, had engaged the operational creditor for interior decoration and renovation work. Disputes arose regarding the completion and payment for the work, leading to the operational creditor filing a Section 9 application after issuing a demand notice.

## Facts

West Bengal Biotech Development Corporation Limited (WBBDCL) engaged Keshav Park Private Limited for interior decoration work in a building in Salt Lake City, Kolkata, in 2011. Keshav Park Private Limited raised three bills dated February 11, 2012, for the work done. WBBDCL paid a portion of the amount but allegedly failed to pay the remaining dues. Keshav Park Private Limited issued a demand notice on December 14, 2017, under Section 8 of the IBC. WBBDCL replied on December 14, 2017, inviting Keshav Park Private Limited for discussions to settle the claim. Keshav Park Private Limited filed a Section 9 application in October 2018. The Adjudicating Authority admitted the application, considering WBBDCL's December 14, 2017, letter as an acknowledgment of debt. WBBDCL

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## Issues and analysis

### Issue 1: Whether the Laws of Limitation …

**Ratio:** Section 18 of the Limitation Act, 1963 and Section 25(3) of the Indian Contract Act,

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**Reasoning:** The appellate tribunal reasoned that the letter dated December 14, 2017, from the

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**Interpretation:** The tribunal interpreted Section 18 of the Limitation Act and Section 25(3) of

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**Application:** The tribunal applied the legal principles to the facts by examining the content

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## Parties

- **Judges:** M. Venu…; V. P. S…; +1 more
- **Appellants:** State of West…
- **Respondents:** West Bengal…; Keshav Park…

## Timeline

- **2011-02-22 — Work Order…**: Appellant issued a Work Order…
- **2012-02-11 — Bills Ra…**: Respondent No.1 raised three…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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