# In the matter of Goli Vada Pav Pvt. Ltd.

> NCLT judgment dated 2023-09-05. Citation: TCN-2023-NCLT-01760. Vista Processed Foods Pvt. Ltd. filed a company petition against Goli Vada Pav Pvt. Ltd.…

- **Court:** NCLT
- **Order date:** 5 Sept 2023
- **Citation:** TCN-2023-NCLT-01760
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/goli-vada-pav-pvt-ltd-9ebb688e

## Summary

### Background

Vista Processed Foods Pvt. Ltd. filed a company petition against Goli Vada Pav Pvt. Ltd. seeking to initiate Corporate Insolvency Resolution Process (CIRP). The petition alleges that Goli Vada Pav Pvt. Ltd. defaulted in making payments to Vista Processed Foods Pvt. Ltd. for goods and services provided under an agreement dated 05.12.2016. The operational creditor claimed a total operational debt of Rs. 3,56,04,233/-.

## Facts

Vista Processed Foods Pvt. Ltd. (Operational Creditor) filed a petition against Goli Vada Pav Pvt. Ltd. (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate CIRP due to a default in payment. The Operational Creditor claimed an operational debt of Rs. 3,56,04,233/-. The Corporate Debtor provided goods and services to the Corporate Debtor from time to time under the Agreement dated 05.12.2016. The Operational Creditor raised invoices against the goods and services provided, and the invoices were received and accepted by the Corporate Debtor. The Corporate Debtor provided signed balance confirmations in 2020, 2021, and 2022, acknowledging the debt. The Corporate Debtor argued that the claim was barred by limitation and

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## Issues and analysis

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

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

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**Reasoning:** The court considered the balance confirmations provided by the Corporate Debtor, which

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**Interpretation:** The court interpreted the provisions of the Limitation Act and the IBC to

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

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## Parties

- **Judges:** ANIL RAJ C…; Kuldip Kumar…
- **Appellants:** Vista Processed…
- **Respondents:** Goli Vada Pav…

## Timeline

- **2016-12-05 — Agreement…**: Date of the agreement between Vista Processed…
- **2018-08-02 — Invoice Perio…**: Start date of the period during…

## Legal provisions

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

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