# In the matter of Vetshield International Private Limited

> NCLT judgment dated 2025-02-05. Citation: TCN-2025-NCLT-00523. Orbit Electro Equipments Pvt. Ltd. filed a petition under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 5 Feb 2025
- **Citation:** TCN-2025-NCLT-00523
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vetshield-international-private-limited-e2cc7fb7

## Summary

### Background

Orbit Electro Equipments Pvt. Ltd. filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Vetshield International Pvt. Ltd. The Operational Creditor claimed a default amount of Rs. 2,05,45,713/- based on outstanding invoices for goods supplied. The Corporate Debtor contested the application, citing delays in filing the petition, pre-existence of a dispute regarding the delay in delivery of goods, and other technical grounds related to interest charges. The Operational Creditor argued that there was no pre-existing dispute and that the petition was within the limitation period, considering the Supreme Court's exclusion of certain periods due to the COVID-19 pandemic.

## Facts

Orbit Electro Equipments Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Vetshield International Pvt. Ltd. (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on payments amounting to Rs. 2,05,45,713/- for goods supplied as per purchase orders. The invoices were OEEPL/0391/19-20 dated 19.10.2019 and OEEPL/0212/20-21 dated 28.02.2021. The Operational Creditor issued a demand notice on 6th April 2023, and subsequently, a fresh demand notice on 27th May 2024. The Corporate Debtor contended that there was a delay in filing the petition, a pre-existing dispute regarding the delay in delivery of goods, and that

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## Issues and analysis

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

**Ratio:** The Hon'ble Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020 excluded the period

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**Reasoning:** The NCLT considered the Supreme Court's decision in Suo Motu Writ Petition (C) No. 3 of

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**Interpretation:** The limitation period for filing a petition under Section 9 of the IBC is

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**Application:** The court applied the exclusion period granted by the Supreme Court to

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## Parties

- **Judges:** V. G. Bisht…; SH. PRABHAT…
- **Appellants:** Orbit Electro…
- **Respondents:** Vetshield…

## Timeline

- **2019-10-19 — Invoice…**: Invoice no. OEEPL/0391/1…
- **2020-01-17 — Due Date of First…**: Invoice no. OEEPL/0391/19-20…

## 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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