# In the matter of Uttar Pradesh Rajkiya Nirman Nigam Limited CP (IB) No.19-ALD-2021

> NCLT judgment dated 2023-05-17. Citation: TCN-2023-NCLT-03317. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 17 May 2023
- **Citation:** TCN-2023-NCLT-03317
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/uttar-pradesh-rajkiya-nirman-nigam-limited-cp-ib-no19-ald-2021-58f33ffa

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by M/S Protech Impex PVT LTD (Operational Creditor) to initiate Corporate Insolvency Resolution Process (CIRP) against M/S Uttar Pradesh Rajkiya Nirman Nigam Limited (Corporate Debtor) due to default in payment of an outstanding amount of Rs.3,65,75,820/- as principal and Rs.3,45,83,690/- as interest. The Corporate Debtor disputed the claim, arguing it was barred by limitation under Section 238-A of the Insolvency and Bankruptcy Code, 2016, read with Article 137 of the Limitation Act. The Operational Creditor argued that the limitation period should be calculated from the last payment date, not the original due date.

## Facts

M/S Protech Impex PVT LTD (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/S Uttar Pradesh Rajkiya Nirman Nigam Limited (Corporate Debtor). The application was based on a default in payment of Rs.3,65,75,820/- as principal and Rs.3,45,83,690/- as interest, totaling Rs.7,11,59,510/-, for civil construction work done by the Operational Creditor for the Corporate Debtor. The work included construction at the National Institute of Occupational Health (NIOH), Ahmadabad, between 2012 and 2015. A contract agreement was signed on 18.10.2014. The Operational Creditor claimed the default occurred on 15.01.2016, the date of the completion certificate. The

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## Issues and analysis

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

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

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**Reasoning:** The NCLT relied on the Supreme Court's decision in B.K. Educational Services Private

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**Interpretation:** The date of default is the date on which the debt became due and payable and

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**Application:** In this case, the NCLT found that the date of default was 15.01.2016, as stated

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## Parties

- **Judges:** Praveen…; Ashish…
- **Appellants:** M/S Protech Impex…
- **Respondents:** M/S UTTAR PRADESH…
- **Advocates:** Sohaib…; Vedant Ag…; +1 more

## Timeline

- **2012-01-01 — Execution o…**: The Operational Creditor executed civil construction works for the Corporate Debtor…
- **2014-10-18 — Contract Ag…**: A contract agreement was signed between 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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