# In the matter of Coppertun Brewing Pvt. Ltd. C.P. (IB) No. 61-CB-2021

> NCLT judgment dated 2022-05-13. Citation: TCN-2022-NCLT-04814. Pardesi Constructions Pvt Ltd, the Operational Creditor, filed an application under Section 9…

- **Court:** NCLT
- **Order date:** 13 May 2022
- **Citation:** TCN-2022-NCLT-04814
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-cuttack/coppertun-brewing-pvt-ltd-cp-ib-no-61-cb-2021-126d92b9

## Summary

### Background

Pardesi Constructions Pvt Ltd, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Coppertun Brewing Pvt. Ltd, the Corporate Debtor, for alleged default in payment of Operational Debt amounting to Rs.7,66,52,157.50 under a Service Agreement dated 03.10.2015 and a Leave and License Agreement dated 05.10.2015.

## Facts

Pardesi Constructions Pvt Ltd filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016.

The application seeks to initiate Corporate Insolvency Resolution Process (CIRP) against Coppertun Brewing Pvt. Ltd.

The alleged default in payment of Operational Debt is Rs.7,66,52,157.50.

The debt arises from a Service Agreement dated 03.10.2015 and a Leave and License Agreement dated 05.10.2015.

The Corporate Debtor acquired the premises on leave and license basis and agreed to pay license and service charges.

The Corporate Debtor allegedly breached the agreement and failed to vacate the premises despite notices.

The Corporate Debtor claimed the petition was barred by limitation.

The Corporate Debtor claimed pending arbitration proceedings.

…

## Issues and analysis

### Issue 1: Whether the application …

**Ratio:** The petition is maintainable only in respect of arrears from the month of September 2018

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**Reasoning:** The Tribunal concluded that the entire claim amount is not barred by limitation, but

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**Interpretation:** The Limitation Act applies to the arrears of rent and service charges, and the

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**Application:** The petitioner is entitled to claim arrears of rent and service charges of

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## Parties

- **Judges:** P. Moha…; Satya Ranjan…
- **Appellants:** Pardesi Constructi…
- **Respondents:** Coppertun Brewing…
- **Other parties:** Rahul M…
- **Advocates:** Sandeep…; Mohit Ag…

## Timeline

- **2015-10-03 — Service Agreem…**: Service Agreement between Pardesi…
- **2015-10-05 — Leave and License…**: Leave and License Agreement between Pardesi Constructions Pvt Ltd and Coppertun Brewing…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(2) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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