# In the matter of ABCN Manufacturing Private Limited CP (IB) No.207-MB-IV-2020

> NCLT judgment dated 2023-03-17. Citation: TCN-2023-NCLT-04213. The case involves a petition filed by Novatic Coatings Private Limited, an Operational…

- **Court:** NCLT
- **Order date:** 17 Mar 2023
- **Citation:** TCN-2023-NCLT-04213
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/abcn-manufacturing-private-limited-cp-ib-no207-mb-iv-2020-8afe5b42

## Summary

### Background

The case involves a petition filed by Novatic Coatings Private Limited, an Operational Creditor, against ABCN Manufacturing Private Limited, the Corporate Debtor, under Section 9 of the Insolvency & Bankruptcy Code, 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a default of Rs. 19,52,172.88/- (including principal and interest) arising from unpaid invoices for the supply of paints. The Corporate Debtor contested the claim, stating that payments were made at regular intervals and that certain payments were made directly to the Sales Tax Officer on behalf of the Operational Creditor.

## Facts

Novatic Coatings Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code (IBC) against ABCN Manufacturing Private Limited (Corporate Debtor) seeking initiation of Corporate Insolvency Resolution Process (CIRP). The petition was filed on 17.01.2020. The Operational Creditor claimed that the Corporate Debtor defaulted on payments for the supply of paints based on various work orders executed between 14.11.2018 and 05.04.2019. The Operational Creditor claimed a total amount of Rs. 19,52,172.88/-, including a principal amount of Rs. 17,76,252.88/- and interest of Rs. 1,75,919.11/- calculated at 18% from 28.10.2019. The debt was related to 21 tax invoices raised between 04.01.2019 and 19.03.2019, with the debt falling

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational …

**Ratio:** The application must be filed within the

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**Reasoning:** The court observed that the application was filed within the limitation period, thus the

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**Interpretation:** The limitation period for filing an application under Section 9 of the IBC is

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**Application:** The court determined that the application was filed within the prescribed

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## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…
- **Appellants:** Novatic Coatings…
- **Respondents:** ABCN Manufacturing…

## Timeline

- **2020-01-17 — Petition…**: Novatic Coatings Private Limited filed the petition under Section 9 of the IBC against…
- **2018-11-14 — Work Orders E…**: Operational Creditor executed various work orders from 14.11.2018 to 05.04.2019 for…

## 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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