# In the matter of Unique Roof Private Limited IA(IB)-159-2020 in IBA-316-2019

> NCLT judgment dated 2020-09-29. Citation: TCN-2020-NCLT-00501. The case involves an application (IA (IB)/159/2020) filed under Section 17, 18, 20, 25(2)(b)…

- **Court:** NCLT
- **Order date:** 29 Sept 2020
- **Citation:** TCN-2020-NCLT-00501
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/unique-roof-private-limited-iaib-159-2020-in-iba-316-2019-9c9f8c79

## Summary

### Background

The case involves an application (IA (IB)/159/2020) filed under Section 17, 18, 20, 25(2)(b) read with Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking the respondent to pay the outstanding balance to the Corporate Debtor for supplies made. The Corporate Insolvency Resolution Process (CIRP) was initiated on 04.10.2019, and the applicant was appointed as the Insolvency Resolution Professional (IRP). The suspended director of the Corporate Debtor filed an appeal before the NCLAT, which is pending disposal.

## Facts

M/s. Unique Roof Private Limited (Corporate Debtor) supplied steel building design and manufacturing services to Elmech Engineering Company (Respondent). The last invoice date was 07.04.2015. The total invoice amount was ₹57,29,075/-, of which ₹53,82,580/- was paid. A balance of ₹3,46,495/- remained due. The Resolution Professional (Muthuiah Thevar Rajapandian) filed an application (IA (IB)/159/2020) seeking payment of ₹6,48,085/- (including interest). The Corporate Insolvency Resolution Process (CIRP) was initiated on 04.10.2019. The Respondent claimed that summons was not properly served and they were unaware of the hearing. The Tribunal considered the applicability of the Limitation Act and dismissed the application, finding the claim to be time-barred.

## Issues and analysis

### Issue 1: Whether the application filed by the Resolution Professional is barred by limitation under the …

**Ratio:** The Limitation Act, 1963, applies to applications under the IBC, 2016. The Hon'ble

…

**Reasoning:** The Tribunal reasoned that the claim was time-barred as per the provisions of the

…

**Interpretation:** The interpretation of the Limitation Act in conjunction with the IBC, 2016,

…

**Application:** The Tribunal applied the ratio to the facts, noting that the claim was already

…

## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Appellants:** MUTHUIAH THEVAR…
- **Respondents:** Unique Roof…; Elmech Engineering…

## Timeline

- **2015-04-07 — Last Invoic…**: The last invoice issued by Unique Roof…
- **2019-10-04 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) initiated against Unique Roof Private…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 17 — Management of affairs of corporate debtor by…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-17)

---

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/unique-roof-private-limited-iaib-159-2020-in-iba-316-2019-9c9f8c79