# In the matter of Sabre Helmets Pvt. Ltd. C.P. No. 1333-I&BP-2017

> NCLT judgment dated 2017-10-03. Citation: TCN-2017-NCLT-00331. The case involves a Company Petition filed under Section 9 of the Insolvency & Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 3 Oct 2017
- **Citation:** TCN-2017-NCLT-00331
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sabre-helmets-pvt-ltd-cp-no-1333-ibp-2017-728a9015

## Summary

### Background

The case involves a Company Petition filed under Section 9 of the Insolvency & Bankruptcy Code (IBC) by an Operational Creditor, Machhar Polymer Pvt. Ltd., against the Corporate Debtor, Sabre Helmets Pvt. Ltd. The petition was based on unpaid invoices for polymers supplied to the Corporate Debtor. The Petitioner raised invoices dated 31.07.2014 for ₹3,57,160 and 16.09.2014 for ₹2,49,184. The Petitioner issued a Section 8 Notice on 10.06.2017 under the IBC when the Debtor failed to make payments. The petition was filed on 22.08.2017.

## Facts

Machhar Polymer Pvt. Ltd. (Operational Creditor/Petitioner) supplied polymers to Sabre Helmets Pvt. Ltd. (Corporate Debtor). The Petitioner raised two invoices: one dated 31.07.2014 for ₹3,57,160 and another dated 16.09.2014 for ₹2,49,184. The Corporate Debtor failed to make payments. The Petitioner issued a Section 8 Notice on 10.06.2017 under the IBC. The Petitioner filed a petition under Section 9 of the IBC on 22.08.2017. By the time the petition was filed, the invoice dated 31.07.2014 was time-barred under the Limitation Act. The Petitioner argued that since the Section 8 notice was issued when both invoices were within limitation, the entire claim should be considered within limitation. The court noted that the Corporate Debtor did not appear in the proceedings.

## Issues and analysis

### Issue 1: Whether the petition should be admitted u/s 9 when one of the invoices is time-barred by the time …

**Ratio:** A claim that includes a time-barred debt is considered defective and unenforceable, even

…

**Reasoning:** The court reasoned that including a time-barred claim along with a claim within

…

**Interpretation:** The court interpreted that the IBC does not explicitly exclude the application

…

**Application:** In this case, the invoice dated 31.07.2014 was time-barred by the time the

…

## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Respondents:** Sabre Helmets…

## Timeline

- **2014-07-31 — Invoice R…**: Petitioner raised…
- **2014-09-16 — Invoice R…**: Petitioner raised…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/sabre-helmets-pvt-ltd-cp-no-1333-ibp-2017-728a9015