# In the matter of Likproof India Private Limited

> NCLT judgment dated 2024-04-17. Citation: TCN-2024-NCLT-01694. J. Kumar Infraprojects Limited, the Operational Creditor, filed an application under Section 9…

- **Court:** NCLT
- **Order date:** 17 Apr 2024
- **Citation:** TCN-2024-NCLT-01694
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/likproof-india-private-limited-06e05c93

## Summary

### Background

J. Kumar Infraprojects Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Likproof India Private Limited, the Corporate Debtor. The Operational Creditor claimed that the Corporate Debtor defaulted on payments for Ready Mix Concrete (RMC) supplied as per their agreement. The total invoices raised amounted to Rs.1,30,67,211/-, out of which Rs.1,26,48,311/- was paid, leaving a balance of Rs.4,18,900/-. The Operational Creditor issued a demand notice on 18.07.2019, seeking payment of the outstanding debt. The Corporate Debtor failed to make the payment, leading to the filing of the CIRP application.

## Facts

J. Kumar Infraprojects Limited (Operational Creditor) filed an application to initiate Corporate Insolvency Resolution Process (CIRP) against Likproof India Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor supplied Ready Mix Concrete (RMC) to the Corporate Debtor based on purchase orders for projects in Mumbai. The Operational Creditor raised invoices totaling Rs.1,30,67,211/-, out of which the Corporate Debtor paid Rs.1,26,48,311/-, leaving a balance of Rs.4,18,900/-. The Operational Creditor issued a demand notice dated 18.07.2019 under Section 8 of the Code, seeking payment within 10 days. The Corporate Debtor did not make the payment. The Corporate Debtor issued four cheques dated 31.08.2014

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor is barred by limitation under Article 137 …

**Ratio:** Article 137 of the Limitation Act, 1963, provides a limitation period of three years for

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**Reasoning:** The court observed that the invoices were raised in 2011 and 2012, and the application

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**Interpretation:** The Limitation Act applies to applications filed under Sections 7 and 9 of the

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**Application:** In this case, the court found that the default occurred more than three years

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## Parties

- **Judges:** K. R. SAJI…; SANJIV…
- **Appellants:** J. Kumar Infraproj…
- **Respondents:** Likproof India…
- **Advocates:** Sonia P…; Tejas P Des…; +2 more

## Timeline

- **2011-09-22 — Invoice R…**: Operational Creditor…
- **2011-10-15 — Invoice R…**: Operational Creditor…

## 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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