# In the matter of Enviro Bulkk handling System Pvt. Ltd. CP No. 1319-I&BP-2017

> NCLT judgment dated 2017-12-04. Citation: TCN-2017-NCLT-00101. Elecon Engineering Co. Ltd. filed a Company Petition seeking to initiate the Corporate…

- **Court:** NCLT
- **Order date:** 4 Dec 2017
- **Citation:** TCN-2017-NCLT-00101
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/enviro-bulkk-handling-system-pvt-ltd-cp-no-1319-ibp-2017-1a34c631

## Summary

### Background

Elecon Engineering Co. Ltd. filed a Company Petition seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against Enviro Bulkk Handling Systems Pvt. Ltd., alleging default in payment of ₹4,10,99,075/-, inclusive of interest, with the actual default date being 23.03.2010. The petitioner supplied manufactured material between 03.03.2010 and 10.06.2011 based on purchase orders from the corporate debtor. The petitioner issued a demand notice on 03.04.2017, which was not responded to by the corporate debtor. The corporate debtor contended that the claim was barred by limitation, citing winding up notices issued in 2013 and 2016.

## Facts

Elecon Engineering Co. Ltd. (Petitioner) supplied engineering equipment to Enviro Bulkk Handling Systems Pvt. Ltd. (Corporate Debtor) based on purchase orders. The Corporate Debtor allegedly defaulted on payments amounting to ₹4,10,99,075/-, inclusive of interest. The actual date of default was 23.03.2010. The Petitioner issued a demand notice on 03.04.2017. The Corporate Debtor contended that the claim was barred by limitation, citing winding up notices issued in 2013 and 2016. A meeting on 09.07.2016 discussed outstanding payments. The Corporate Debtor also raised disputes regarding the quality and timely supply of equipment. The petitioner claimed that the debt was acknowledged in the meeting of 09.07.2016, extending the limitation period. The Corporate Debtor had

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## Issues and analysis

### Issue 1: Whether the claim of the Operational …

**Ratio:** The Hon'ble NCLAT in the case of Speculum Plast Pvt Ltd vs. PTC Techno Pvt. Ltd. decided

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**Reasoning:** The court relied on the NCLAT's judgment in Speculum Plast, which stated that the law of

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**Interpretation:** The interpretation of the IBC, specifically in light of the Speculum Plast

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**Application:** The court applied the ratio of Speculum Plast to the facts of the case,

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** Elecon Engineering…
- **Respondents:** Enviro Bulkk…
- **Advocates:** Shilpa…; Mahesh Ku…; +1 more

## Timeline

- **2009-02-21 — Purchase…**: Corporate Debtor placed Purchase Order on the Petitioner for the supply of engineering…
- **2010-03-03 — Supply of Material…**: Petitioner supplied the manufactured…

## 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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