# In the matter of Bamandanga Tea Estates Private Limited

> NCLT judgment dated 2023-09-25. Citation: TCN-2023-NCLT-01492. 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-01492
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bamandanga-tea-estates-private-limited-e6fbbeee

## 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/-, including principal and interest, for the supply of agrochemical products. The corporate debtor contested the petition, arguing that the claim was time-barred and that the products supplied were of substandard quality.

## Facts

Vijay Kumar Attri, the operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Bamandanga Tea Estates Private Limited, the corporate debtor, claiming a default of Rs. 1,12,99,733/-. This amount included a principal of Rs. 1,02,26,032/- and interest of Rs. 10,73,733/-. The operational creditor had been supplying agrochemical products to the corporate debtor since March 18, 2015. A statutory demand notice was served on October 18, 2022, demanding the outstanding amount, which was received by the corporate debtor on October 19, 2022, but no reply was issued. The corporate debtor argued that the claim was time-barred, pertaining to the financial years 2015-16 to 2019-20, and that the products supplied were of substandard

…

## Issues and analysis

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

**Ratio:** The principle of limitation dictates that claims must be pursued within a specified

…

**Reasoning:** The court reasoned that claims pertaining to the financial year 2020-21 were covered by

…

**Interpretation:** Section 10A was interpreted to provide protection to corporate debtors from

…

**Application:** The court applied the principle of limitation to exclude time-barred claims and

…

## Parties

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

## Timeline

- **2015-03-18 — Supply of Agrochemical…**: Operational Creditor started supplying…
- **2022-07-05 — Outstandi…**: Outstanding sum of Rs.…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bamandanga-tea-estates-private-limited-e6fbbeee