# In the matter of SIDHARTH CONSTRUCTION AND TRADING PRIVATE LIMITED

> NCLT judgment dated 2025-08-19. Citation: TCN-2025-NCLT-01220. Sagar Business Private Limited filed an application under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 19 Aug 2025
- **Citation:** TCN-2025-NCLT-01220
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-cuttack/sidharth-construction-and-trading-private-limited-28f3a233

## Summary

### Background

Sagar Business Private Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Sidhartha Construction and Trading Private Limited, claiming an operational debt of Rs. 18,99,474/-. The application was initially dismissed due to limitation issues but was later revived by NCLAT.

## Facts

Sagar Business Private Limited filed an application under Section 9 of the IBC to initiate CIRP against Sidhartha Construction and Trading Private Limited.

The initial application was dismissed by the NCLT due to limitation issues.

NCLAT set aside the NCLT's order and revived the application.

The applicant claimed an operational debt of Rs. 18,99,474/-.

The respondent argued that the application was barred by limitation and that the demand notice was not served.

The applicant contended that a payment made by the respondent extended the limitation period.

The NCLT admitted the application for CIRP and declared a moratorium.

Mr. Saradindu Jena was appointed as the Interim Resolution Professional (IRP).

## Issues and analysis

### Issue 1: Whether the application …

**Ratio:** The limitation period is determined by the

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**Reasoning:** The NCLT considered the date of default, the date of application, and the effect of any

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**Interpretation:** The limitation period starts from the date of default, but subsequent

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**Application:** The NCLT found that the application was filed within the limitation period,

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## Parties

- **Judges:** Deep Chandr…; Banwari Lal…
- **Appellants:** Sagar Business…
- **Respondents:** Sidhartha…; Sidhartha…
- **Other parties:** Saradindu…; B.K. Educational…; +3 more
- **Advocates:** SAHASRANSU…; SIDHARTH SANKAR…

## Timeline

- **2019-11-01 — Application…**: Sagar Business Private Limited…
- **2022-07-26 — Application D…**: The NCLT initially dismissed 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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