# In the matter of Bamandanga Tea Estates Private Limited

> NCLT judgment dated 2023-09-25. Citation: TCN-2023-NCLT-01480. The case involves a petition filed by Vijay Kumar Attri, an operational creditor, against…

- **Court:** NCLT
- **Order date:** 25 Sept 2023
- **Citation:** TCN-2023-NCLT-01480
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bamandanga-tea-estates-private-limited-1b847c13

## Summary

### Background

The case involves a petition filed by Vijay Kumar Attri, an operational creditor, against Bamandanga Tea Estates Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claimed a default amount of Rs. 1,12,99,733/-, comprising Rs. 1,02,26,032/- as principal and Rs. 10,73,733/- as interest, with the date of default claimed as 06.07.2022. The corporate debtor was incorporated on 16.06.1998. The operational creditor supplied agrochemical products to the tea estates of the corporate debtor since March 18, 2015. A statutory demand notice was served on 18.10.2022, demanding the outstanding amount, which was received by the corporate debtor on 19.10.2022, but no reply was issued.

## Facts

Vijay Kumar Attri, the operational creditor and sole proprietor of M/s Chemicals India, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Bamandanga Tea Estates Private Limited, the corporate debtor. The operational creditor claimed a default of Rs. 1,12,99,733/-, comprising Rs. 1,02,26,032/- as principal and Rs. 10,73,733/- as interest, with the date of default claimed as 06.07.2022. The operational creditor had been supplying agrochemical products to the corporate debtor's tea estates since March 18, 2015, maintaining a running ledger account. A statutory demand notice was served on 18.10.2022, demanding the outstanding amount, which was received by the corporate debtor on 19.10.2022, but no reply was issued. The corporate debtor

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## Issues and analysis

### Issue 1: Whether the petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 is maintainable …

**Ratio:** The ratio is that claims barred by limitation and Section 10A of the I&B Code cannot

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**Reasoning:** The court reasoned that the outstanding dues claimed for the Financial Year 2020-21

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**Interpretation:** Section 10A of the I&B Code suspends the initiation of CIRP for defaults

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**Application:** The court applied the ratio and reasoning to the facts of the case, noting that

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## Parties

- **Judges:** BIDISHA BA…; D. Ar…
- **Appellants:** Vijay Kumar…
- **Respondents:** Bamandanga Tea…

## Timeline

- **2015-03-18 — Supply of Agrochemical…**: The Petitioner started supplying various kinds of agrochemical products to the Tea…
- **2022-07-06 — Date of D…**: The Date of Default is…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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