# In the matter of RRB Energy Limited Company Petition No. IB-193-ND-2018

> NCLT judgment dated 2021-03-15. Citation: TCN-2021-NCLT-02694. The case involves an application filed by Kintech Synergy Private Limited…

- **Court:** NCLT
- **Order date:** 15 Mar 2021
- **Citation:** TCN-2021-NCLT-02694
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rrb-energy-limited-company-petition-no-ib-193-nd-2018-69d50a9f

## Summary

### Background

The case involves an application filed by Kintech Synergy Private Limited (Applicant/Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against RRB Energy Limited (Respondent/Corporate Debtor). The applicant claimed that the corporate debtor failed to pay an outstanding debt of Rs. 64,48,227/- for works related to a wind farm project in Gujarat. The corporate debtor contested the application, citing limitation and the existence of a pre-existing dispute regarding the quality of services provided.

## Facts

Kintech Synergy Private Limited (Applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against RRB Energy Limited (Corporate Debtor) for an outstanding debt of Rs. 64,48,227/-. The debt arose from works related to a wind farm project in Gujarat, including operation and maintenance of a substation, line maintenance, road patchwork, and construction of a SCADA building. A work order was issued on 05.09.2008. The applicant sent a letter on 26.02.2009 providing the estimated value for construction of SCADA cum store and office for Rs. 30,00,000.00. The corporate debtor paid an advance of Rs. 4,00,000/- on 16.06.2009. The applicant informed the corporate debtor about the completion of construction on 06.07.2009 and the earthing of the

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## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 is barred …

**Ratio:** The principle of limitation dictates that legal proceedings must be initiated within a

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**Reasoning:** The NCLT reasoned that the claim pertained to the period of 2009 to 2011, and the

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**Interpretation:** The interpretation of the Limitation Act and its applicability to the

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**Application:** The NCLT applied the principle of limitation to the facts of the case, noting

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## Parties

- **Judges:** DEEPTI M…; SUMITA PURK…; +1 more
- **Appellants:** M/s. Kintech…
- **Respondents:** M/s. RRB Energy…
- **Advocates:** Anshul…; Palzer M…

## Timeline

- **2008-09-05 — Work Order…**: Corporate debtor issued a work order for annual maintenance of their 33KV internal wind…
- **2009-02-26 — Letter S…**: Applicant sent a letter providing the estimated value for construction of SCADA cum store…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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