# ADITYA BIRLA CAPITAL LIMITED vs. Unique Autosales Private Limited

> NCLT judgment dated 2026-09-29. Citation: TCN-2026-NCLT-01087. ADITYA BIRLA CAPITAL LIMITED (Financial Creditor) filed an application under Section 7 of the…

- **Court:** NCLT
- **Order date:** 29 Sept 2026
- **Citation:** TCN-2026-NCLT-01087
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-allahabad/unique-autosales-private-limited-gfgl9

## Summary

### Background

ADITYA BIRLA CAPITAL LIMITED (Financial Creditor) filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) against Unique Autosales Private Limited (Corporate Debtor) to initiate the Corporate Insolvency Resolution Process (CIRP). The Financial Creditor claimed a total financial debt of Rs. 3,99,92,915/- with a default date of 16.12.2024, stemming from a loan facility of Rs. 5,00,00,000/- sanctioned on 26.07.2023. The Corporate Debtor admitted the debt and default but attributed it to unforeseen circumstances, including the impact of the COVID-19 pandemic and a severe liquidity crunch.

## Facts

ADITYA BIRLA CAPITAL LIMITED (Financial Creditor/Applicant) filed an application on 23.09.2025 under Section 7 of the IBC, 2016, to initiate CIRP against UNIQUE AUTOSALES PRIVATE LIMITED (Corporate Debtor/Respondent).

The application stated a total financial debt of Rs. 3,99,92,915/- with the date of default specified as 16.12.2024.

The Financial Creditor is a company incorporated on 15.10.2007.

The Corporate Debtor is a company incorporated on 26.03.2011.

Ms. Babita Jain was proposed as the Interim Resolution Professional (IRP) by the Financial Creditor.

The Financial Creditor issued a Sanction Letter dated 26.07.2023 for a financial facility of Rs. 5,00,00,000/- for working capital requirements.

A Loan Facility agreement was entered into between the parties on 27.07.2023.

…

## Issues and analysis

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

**Ratio:** An application under Section 7 of the IBC is filed within the period of limitation if it

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**Reasoning:** The present Petition was filed on 23.09.2025. The date of default, which gave rise to the

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**Interpretation:** The period of limitation for filing an application under Section 7 of the IBC

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**Application:** Reckoning the period of limitation from the date of default, i.e., 16.12.2024,

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## Parties

- **Judges:** Sh. Praveen…; Sh. Ashish…
- **Appellants:** ADITYA BIRLA…
- **Respondents:** Unique Autosales…
- **Other parties:** Rakesh Kumar…; Pushpanjali…; +1 more
- **Advocates:** Sh. Aman V…; Sh. Aman Kumar…

## Timeline

- **2007-10-15 — Financial Creditor…**: ADITYA BIRLA CAPITAL LIMITED (formerly Aditya…
- **2011-03-26 — Corporate Debtor…**: Unique Autosales Private…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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