# In the matter of Radha Madhav Corporation Ltd C.P. No. (IB) 582-9-NCLT-AHM-2019

> NCLT judgment dated 2020-10-23. Citation: TCN-2020-NCLT-00345. The case originates from an application filed by Maximaa Systems Limited, an operational…

- **Court:** NCLT
- **Order date:** 23 Oct 2020
- **Citation:** TCN-2020-NCLT-00345
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/radha-madhav-corporation-ltd-cp-no-ib-582-9-nclt-ahm-2019-751d90af

## Summary

### Background

The case originates from an application filed by Maximaa Systems Limited, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Radha Madhav Corporation Limited, the corporate debtor, for unpaid operational debt. The operational creditor claimed a total outstanding amount of Rs. 39,33,537/- due from the corporate debtor for the supply of goods. Despite reminders and follow-ups, the corporate debtor failed to make the payment. The operational creditor issued a demand notice under Section 8 of the I&B Code, which was duly delivered to the corporate debtor.

## Facts

Maximaa Systems Limited (operational creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Radha Madhav Corporation Limited (corporate debtor) for an outstanding operational debt of Rs. 39,33,537/-. The debt was for the supply of goods, and despite reminders, the corporate debtor failed to pay. The operational creditor issued a demand notice under Section 8 of the I&B Code, which was duly delivered. The corporate debtor claimed the application was barred by limitation and a pre-existing dispute existed. The first invoice was dated 15.11.2018 and the last bill was dated 21.02.2019. The corporate debtor admitted that the issue regarding the quality of goods is related to one M/s. Ezzenzaa Lifescience Limited sister

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## Issues and analysis

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

**Ratio:** The limitation period for filing an application under Section 9 of the I&B Code is

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**Reasoning:** The NCLT found that the first invoice was dated 15.11.2018 and the last bill was dated

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**Interpretation:** The limitation period is calculated from the date when the default occurred,

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**Application:** Since the application was filed within three years from the date of default,

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## Parties

- **Judges:** Manorama…
- **Appellants:** Maximaa Systems…
- **Respondents:** Radha Madhav…; Radha Madhav…

## Timeline

- **2018-11-15 — First Invoi…**: The first invoice raised by the…
- **2019-02-21 — Last Bill…**: The last bill raised by the…

## 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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