# In the matter of B & R Brass Collection Pvt. Ltd. CP No. (IB)-833-(ND)-2018

> NCLT judgment dated 2018-10-12. Citation: TCN-2018-NCLT-00583. The case pertains to a Company Petition filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 12 Oct 2018
- **Citation:** TCN-2018-NCLT-00583
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/b-r-brass-collection-pvt-ltd-cp-no-ib-833-nd-2018-aedf0afa

## Summary

### Background

The case pertains to a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Tarmod Kumar, proprietor of M/S Romy Enterprises, against B&R Brass Collection Pvt. Ltd. The applicant, an operational creditor, sought to initiate Corporate Insolvency Resolution Process (CIRP) against the respondent, the corporate debtor, for unpaid dues related to services provided. The applicant claimed that the corporate debtor had arranged for services of operational creditor for clearance of its products in the year 2000. The operational creditor raised invoices on various dates. The applicant issued a demand notice under Section 8 of the Code on 04.10.2017, claiming Rs. 6,61,722/- along with interest, for outstanding debt since 01.04.2014.

## Facts

Tarmod Kumar, proprietor of M/S Romy Enterprises, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against B&R Brass Collection Pvt. Ltd., seeking to initiate CIRP for unpaid operational debt. M/S Romy Enterprises provided custom clearance and freight forwarding services to B&R Brass Collection Pvt. Ltd. starting in 2000. The operational creditor raised invoices for services rendered. As per the ledger account, the total amount of work done was Rs. 7,10,064/-, out of which Rs. 3,05,464/- was paid, leaving Rs. 404,599/- due for the period from 21.11.2012 to 25.01.2014. The last invoice was issued on 25.01.2014, and the last payment was received on 12.09.2013. A demand notice under Section 8 of the IBC was issued on 04.10.2017,

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## Issues and analysis

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

**Ratio:** The principle of limitation applies to proceedings under the Insolvency and Bankruptcy

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**Reasoning:** The court relied on the Supreme Court's judgment in B.K. Educational Services Private

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**Interpretation:** The interpretation of the Limitation Act in the context of the Insolvency and

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**Application:** In this case, the demand notice was issued on 04.10.2017, while the last

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## Parties

- **Judges:** Ina Mal…; DeepaKr…
- **Appellants:** Tarmod Kumar,…
- **Respondents:** B&R Brass…

## Timeline

- **2000-01-01 — Services Arra…**: Corporate Debtor arranged services of…
- **2012-11-21 — Period of…**: Period for which dues are payable by…

## 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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