# In the matter of Tuaman Engineering Limited C.P. (IB) No. 1092-KB-2020

> NCLT judgment dated 2023-06-15. Citation: TCN-2023-NCLT-02937. The case involves an application filed by OMM Constructions, an operational creditor, under…

- **Court:** NCLT
- **Order date:** 15 Jun 2023
- **Citation:** TCN-2023-NCLT-02937
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/tuaman-engineering-limited-cp-ib-no-1092-kb-2020-b21ae667

## Summary

### Background

The case involves an application filed by OMM Constructions, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Tuaman Engineering Limited, the corporate debtor. The operational creditor claimed a default amount of Rs. 4,85,75,983 as of August 29, 2020, with interest from October 16, 2017. The corporate debtor contested the application, arguing that the claim was barred by limitation and that there was no amount due and payable.

## Facts

OMM Constructions, a partnership firm, provided construction services to Tuaman Engineering Limited as a subcontractor for the construction of toilet blocks under the Swachh Vidyalaya Abhiyan in Odisha. OMM Constructions raised invoices for the services rendered, but Tuaman Engineering Limited allegedly failed to make full payment. The total amount claimed in default was Rs. 4,85,75,983 as of August 29, 2020, with interest from October 16, 2017. OMM Constructions issued a statutory notice in Form-3 under Section 8 of the Code, calling upon Tuaman Engineering Limited to make payment. Tuaman Engineering Limited allegedly acknowledged the debt but made no payment. Tuaman Engineering Limited contended that the application was barred by limitation, that there was no amount

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## Issues and analysis

### Issue 1: Whether the Application filed by the Operational Creditor under section 9 of the Code is barred by …

**Ratio:** The Limitation Act, 1963, prescribes a period of limitation for filing applications.

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**Reasoning:** The court considered the dates of the invoices, the date of filing the application, and

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**Interpretation:** The court interpreted the provisions of the Limitation Act, 1963, and the

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**Application:** The court applied the ratio to the facts of the case, considering the dates of

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## Parties

- **Judges:** Smt Bidisha…; ShriBalraj…
- **Appellants:** OMM Constru…
- **Respondents:** Tuaman Engineering…

## Timeline

- **2015-05-29 — Work Orde…**: Operational Creditor rendered services…
- **2015-08-10 — Invoice…**: Invoices were raised between 10…

## 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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