# In the matter of New Haven Reators Pvt. Ltd. CP (IB) NO. 3687 OF 2018

> NCLT judgment dated 2021-03-05. Citation: TCN-2021-NCLT-02794. The case involves an application by Aluwind Architectural Pvt. Ltd., an operational creditor,…

- **Court:** NCLT
- **Order date:** 5 Mar 2021
- **Citation:** TCN-2021-NCLT-02794
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/new-haven-reators-pvt-ltd-cp-ib-no-3687-of-2018-189a911a

## Summary

### Background

The case involves an application by Aluwind Architectural Pvt. Ltd., an operational creditor, to initiate the Corporate Insolvency Resolution Process (CIRP) against New Haven Realtors Pvt. Ltd., the corporate debtor, under the Insolvency and Bankruptcy Code, 2016. The operational creditor alleges that the corporate debtor defaulted on payments for invoices raised for services provided under a work order for supplying and fixing glasses of façade elements. The operational creditor sent reminders and demand notices, but the corporate debtor failed to make the payments.

## Facts

Aluwind Architectural Pvt. Ltd. (Operational Creditor) filed a petition to initiate Corporate Insolvency Resolution Process (CIRP) against New Haven Realtors Pvt. Ltd. (Corporate Debtor) for defaulting on payments. The Operational Creditor provided architectural aluminum services to the Corporate Debtor under a work order dated 19th September 2013. The Corporate Debtor failed to make payments for the invoices raised. The Operational Creditor sent a reminder letter on 25th May 2015, and another notice on 24th November 2016, demanding payment of Rs. 14,36,083/-. The Operational Creditor claimed a default amount of Rs. 24,12,619/-, including principal and interest. The Corporate Debtor failed to respond or make any submissions before the NCLT. The petition was filed on

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## Issues and analysis

### Issue 1: Whether the above company …

**Ratio:** The limitation period for filing a petition under the Insolvency and Bankruptcy Code is

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**Reasoning:** The court reasoned that the date of default was much prior to May 2015, based on the work

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**Interpretation:** The interpretation of the limitation period is crucial in determining the

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**Application:** The court applied the ratio to the facts, noting that the petition was filed on

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## Parties

- **Judges:** H.V. Subb…; Shyam Babu…
- **Appellants:** M/s Aluwind…
- **Respondents:** New Haven Reators…

## Timeline

- **2013-09-12 — Quotation…**: The Operational Creditor and Operational Debtor agreed to the Terms and Conditions stated…
- **2013-09-19 — Work Orde…**: Corporate Debtor issued work order to Operational Creditor for supplying and fixing…

## 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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