# In the matter of Chordia Tyre Services Pvt. Ltd. IBA-142-2020

> NCLT judgment dated 2021-07-26. Citation: TCN-2021-NCLT-01616. The case involves an application filed by CML Infrastructure Pvt Ltd & 3 Ors against Chordia…

- **Court:** NCLT
- **Order date:** 26 Jul 2021
- **Citation:** TCN-2021-NCLT-01616
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/chordia-tyre-services-pvt-ltd-iba-142-2020-73306a60

## Summary

### Background

The case involves an application filed by CML Infrastructure Pvt Ltd & 3 Ors against Chordia Tyre Services Private Ltd under Section 7 of the IBC 2016. The application was filed on 16.12.2019. The Tribunal raised a question regarding the maintainability of the application, specifically addressing whether the claim was within the period of limitation. The petitioner sought time to clarify this point, and the matter was adjourned multiple times. The petitioner failed to satisfy the Adjudicating Authority regarding the limitation issue despite several opportunities.

## Facts

CML Infrastructure Pvt Ltd & 3 Ors filed an application against Chordia Tyre Services Private Ltd under Section 7 of the IBC 2016 on 16.12.2019. The National Company Law Tribunal (NCLT) questioned the maintainability of the application, specifically whether the claim was within the limitation period. The petitioner's counsel requested time to clarify this issue, leading to multiple adjournments on 20.10.2020, 02.12.2020, 25.01.2021, 19.02.2021, 31.03.2021 and 29.04.2021. The petitioner failed to provide sufficient evidence to satisfy the Adjudicating Authority regarding the limitation issue. The case had been pending for over a year and a half. On 26.07.2021, the Tribunal dismissed the application due to the petitioner's failure to demonstrate that the claim was

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## Issues and analysis

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

**Ratio:** The principle of limitation dictates that legal actions must be brought within a

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**Reasoning:** The Tribunal repeatedly questioned the maintainability of the application due to concerns

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**Interpretation:** The interpretation of limitation laws requires a strict adherence to the

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**Application:** In this case, the petitioner failed to provide sufficient evidence to

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## Parties

- **Judges:** R. Sucha…; Anil Ku…
- **Appellants:** CML Infrastructure…
- **Respondents:** Chordia Tyre…

## Timeline

- **2019-12-16 — Application…**: CML Infrastructure Pvt Ltd & 3 Ors filed an application against Chordia Tyre Services…
- **2020-10-14 — Hearing on Maintainabili…**: The Tribunal raised a question regarding the maintainability of the application due to…

## 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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