# 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-02385. Amtech Electronics (India) Limited filed a petition under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 22 Jul 2019
- **Citation:** TCN-2019-NCLT-02385
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ecolibrium-energy-private-limited-cp-ib-no-56-bb-2019-604d11be

## Summary

### Background

Amtech Electronics (India) Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Ecolibrium Energy Private Limited, alleging a default of Rs. 7,03,337.80 based on an invoice dated 17.10.2015. Ecolibrium Energy Private Limited disputed the claim, citing deficiencies in the goods and services provided by Amtech Electronics, and raised concerns about the quality of products and after-sale services. The Corporate Debtor also highlighted a pre-existing dispute, brought to the notice of the Operational Creditor in response to the Demand Notice, and the fact that the date of default occurred outside the limitation period.

## Facts

Amtech Electronics (India) Limited, an operational creditor, filed a petition against Ecolibrium Energy Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming a default of Rs. 7,03,337.80 based on invoice no. 10000793 dated 17.10.2015. Amtech supplied goods to Ecolibrium. Ecolibrium disputed the claim, alleging deficiencies in the goods and services provided by Amtech, as communicated in emails dated 12.10.2015 and 13.10.2015. Ecolibrium also argued that the goods were accepted based on assurances regarding quality, which were not met, and that they had informed Amtech of these issues. Ecolibrium issued a reply notice dated 24.08.2018, elucidating the dispute. The corporate debtor had procured 78 drives from the

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## Issues and analysis

### Issue 1: Whether the application under Section 9 …

**Ratio:** Article 137 of the Limitation Act applies to applications filed under Sections 7 and 9 of

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

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

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**Application:** Since the default occurred on 17.10.2015 and the application was filed on

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## Parties

- **Judges:** Rajeswara Rao…; Ashok Kumar…
- **Appellants:** Amtech Electronics…
- **Respondents:** Ecolibrium Energy…
- **Advocates:** Kavit…; Suja Sure…; +1 more

## Timeline

- **2015-10-17 — Date of D…**: The date of default as per…
- **2018-07-23 — Demand Notice…**: The Operational Creditor issued a…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5 — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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