# In the matter of Ecolibrium Energy Private Limited C.P. (IB) No. 56-BB-2019

> NCLT judgment dated 2019-07-22. Citation: TCN-2019-NCLT-02377. The case involves an application filed by Amtech Electronics (India) Limited…

- **Court:** NCLT
- **Order date:** 22 Jul 2019
- **Citation:** TCN-2019-NCLT-02377
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ecolibrium-energy-private-limited-cp-ib-no-56-bb-2019-5f0a6d15

## Summary

### Background

The case involves an application filed by Amtech Electronics (India) Limited ('Petitioner/Operational Creditor') under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Ecolibrium Energy Private Limited ('Respondent/Corporate Debtor'). The Operational Creditor claims that the Corporate Debtor defaulted on a total outstanding amount of Rs. 7,03,337.80/- based on invoice no. 10000793 dated 17.10.2015. The Corporate Debtor disputes the claim, citing deficiencies in the goods and services provided by the Operational Creditor and raising concerns about the quality of products and after-sale services. The Corporate Debtor also argues that the application is barred by limitation, as the date of

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## Facts

Amtech Electronics (India) Limited, the Operational Creditor, filed an application under Section 9 of the IBC against Ecolibrium Energy Private Limited, the Corporate Debtor, claiming a default of Rs. 7,03,337.80 based on invoice no. 10000793 dated 17.10.2015. The Operational Creditor supplied goods to the Corporate Debtor, who allegedly accepted them without raising immediate disputes about quality, quantity, or durability. The Corporate Debtor, however, later raised concerns about the quality of products and after-sale services, citing issues with delivery time, non-availability of service engineers, and defective motors and VFD panels. The Corporate Debtor also claimed to have suffered losses and reputational damage due to the poor quality of the products. The

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor is barred by limitation under Section …

**Ratio:** The Limitation Act applies to applications filed under Sections 7 and 9 of the IBC.

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**Reasoning:** The NCLT observed that the date of default, as per the Petitioner, was 17.10.2015, while

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**Interpretation:** Section 238A of the IBC makes the provisions of the Limitation Act applicable

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**Application:** In this case, the date of default was 17.10.2015, and the application was filed

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## Parties

- **Judges:** Rajeswara Rao…; Ashok Kumar…
- **Appellants:** Amtech Electronics…
- **Respondents:** Ecolibrium Energy…

## Timeline

- **2015-10-17 — Invoice…**: Invoice No. 10000793 was raised for the…
- **2018-07-23 — Demand Notice…**: The Operational Creditor issued a…

## 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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