# In the matter of Prowess International Private Limited

> NCLT judgment dated 2022-06-13. Citation: TCN-2022-NCLT-02246. The case involves a petition filed by Bharat Pipe Fitting Co. (Operational Creditor) under…

- **Court:** NCLT
- **Order date:** 13 Jun 2022
- **Citation:** TCN-2022-NCLT-02246
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/prowess-international-private-limited-cd3415cb

## Summary

### Background

The case involves a petition filed by Bharat Pipe Fitting Co. (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Prowess International Private Limited (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on payments for seamless pipes and steel tubes supplied between 2013 and 2015. The Corporate Debtor argued that the claims were barred by limitation and that a resolution plan had already been approved under a prior CIRP, during which the Operational Creditor did not file its claim.

## Facts

Bharat Pipe Fitting Co. (Operational Creditor) supplied seamless pipes and steel tubes to Prowess International Private Limited (Corporate Debtor) between July 2013 and October 2015. The total amount of the bills raised was ₹31,08,005. After reconciliation, the outstanding amount was ₹28,64,369.69. The Corporate Debtor allegedly issued balance confirmations acknowledging the debt. The Operational Creditor issued a demand notice on July 6, 2019, claiming ₹59,32,644.69, including principal and interest. The Corporate Debtor had undergone a CIRP initiated on April 20, 2017, with a resolution plan approved on October 17, 2017. The Operational Creditor did not file any claim during that CIRP. The Corporate Debtor claimed the balance confirmation was forged and the claims

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## Issues and analysis

### Issue 1: Whether the Operational Creditor's …

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

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**Reasoning:** The Corporate Debtor argued that the claims relate to the period from 2013 to 2015, and

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**Interpretation:** The interpretation of limitation laws requires a careful examination of the

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**Application:** The Corporate Debtor argued that the last tax invoice was raised on October 10,

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Appellants:** Bharat Pipe…
- **Respondents:** Prowess Internatio…

## Timeline

- **2013-07-23 — Start of…**: Corporate Debtor placed purchase orders…
- **2015-10-10 — Last Tax I…**: The last tax invoice was raised by the…

## 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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