# In the matter of Handium Industries Ltd.

> NCLT judgment dated 2025-08-08. Citation: TCN-2025-NCLT-01283. The Principal Commissioner of Customs, Visakhapatnam, filed an application seeking condonation…

- **Court:** NCLT
- **Order date:** 8 Aug 2025
- **Citation:** TCN-2025-NCLT-01283
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-hyderabad/handium-industries-ltd-11f3b48b

## Summary

### Background

The Principal Commissioner of Customs, Visakhapatnam, filed an application seeking condonation of a 912-day delay in submitting a claim to the Liquidator of Handum Industries Ltd., the Corporate Debtor. The claim pertains to customs duty owed by the Corporate Debtor.

## Facts

The Principal Commissioner of Customs sought condonation of a 912-day delay in submitting a claim to the Liquidator of Handum Industries Ltd.

Handum Industries Ltd. was admitted into CIRP on 04.03.2020 and subsequently ordered into liquidation on 11.06.2021.

The Applicant's claim relates to customs duty owed by Handum Industries Ltd. for allegedly diverting imported goods to the Domestic Tariff Area (DTA) without paying applicable duties.

The Applicant became aware of the CIRP and liquidation proceedings only after perusing the CESTAT's final order dated 14.03.2024.

The Liquidator made a public announcement inviting claims on 01.07.2021, with a deadline of 31.07.2021 for submission of claims.

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## Issues and analysis

### Issue 1: Whether the delay of 912 days in submitting the claim by the Principal Commissioner of Customs …

**Ratio:** The Adjudicating Authority held that the Applicant failed to act diligently and did not

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**Reasoning:** The Authority considered the arguments of both parties, including the reasons for the

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**Interpretation:** The Adjudicating Authority interpreted the provisions of the IBC and relevant

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**Application:** The Adjudicating Authority applied the principles of law and the facts of the

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## Parties

- **Judges:** Rajeev Bh…; Sanjay…
- **Appellants:** Principal…
- **Respondents:** Handum Industries…; Vamsi Kambh…
- **Advocates:** Santhi Ch…; K. Poorna Chandra…

## Timeline

- **2003-11-12 — Show Cause…**: Applicant issued a Show Cause Notice to the CD through the Directorate of Revenue…
- **2010-01-29 — Order-in-Or…**: Adjudicating Authority passed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 42 — Appeal against the decision of liquidator](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-42)

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