# In the matter of Addinath Rubbers Private Limited

> NCLT judgment dated 2024-10-14. Citation: TCN-2024-NCLT-00436. This Interlocutory Application (IA No. 754/2023) was filed under Section 60(5) of the…

- **Court:** NCLT
- **Order date:** 14 Oct 2024
- **Citation:** TCN-2024-NCLT-00436
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/addinath-rubbers-private-limited-422ea7f6

## Summary

### Background

This Interlocutory Application (IA No. 754/2023) was filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (IBC) by Mr. Harsh Kumar, the Applicant, seeking directions against the Assistant Engineer, Electrical Sub Division, Himachal Pradesh State Electricity Board Limited (HPSEBL), the Tehsildar Haroli, District Una, Government of Himachal Pradesh, and Mr. Sawinder Singh Chug, Liquidator of M/s Addinath Rubbers Private Limited. The applicant sought the lifting of a lien on a property detailed in a sale certificate to facilitate its transfer and registration in the Applicant's name, who was the successful bidder in an e-auction. The Respondent No. 3 was appointed the Liquidator of Addinath Rubbers Private Limited by the Tribunal on 06.10.2021, and a

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## Facts

The Corporate Debtor, Addinath Rubbers Private Limited, faced liquidation proceedings under the IBC, with Mr. Sawinder Singh Chug appointed as the Liquidator. The HPSEBL had outstanding electricity dues of Rs. 6,87,815 from the Corporate Debtor. Due to non-payment, HPSEBL disconnected the electricity supply on 10.10.2018 and registered a lien on the Corporate Debtor's property on 23.09.2019. Harsh Kumar participated in the e-auction for the Corporate Debtor's assets and was declared the successful bidder for Rs. 2,24,00,000 on 08.04.2022. The sale was conducted on an 'As Is Where Is Basis'. After receiving the sale certificate on 12.07.2022, Harsh Kumar approached revenue authorities for registration but was informed of the existing lien. HPSEBL issued a conditional

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## Issues and analysis

### Issue 1: Whether the IA has been filed …

**Ratio:** The limitation period for filing an application is generally three years from the date

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**Reasoning:** The cause of action arose on 12.07.2022, the date of issue of the sale certificate to the

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**Interpretation:** The limitation period is calculated from the date the applicant has a legal

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**Application:** Since the IA was filed within three years of the date of the sale certificate,

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## Parties

- **Judges:** Harnam Singh…; UMESH KUMAR…
- **Appellants:** Harsh K…
- **Respondents:** Addinath Rubbers…; The Assistant…

## Timeline

- **2018-10-10 — Electricity Disconnectio…**: HPSEBL disconnected the electricity supply to the Corporate Debtor due to non-payment of…
- **2019-09-23 — Lien Cre…**: HPSEBL intimated the Naib Tehsildar of District Una to create a charge on the Corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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