# In the matter of Priyadarsini Limited

> NCLT judgment dated 2023-07-17. Citation: TCN-2023-NCLT-05307. Southern Power Distribution Company of Telangana Limited (TSSPDCL) filed an application under…

- **Court:** NCLT
- **Order date:** 17 Jul 2023
- **Citation:** TCN-2023-NCLT-05307
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-hyderabad/priyadarsini-limited-f42a7186

## Summary

### Background

Southern Power Distribution Company of Telangana Limited (TSSPDCL) filed an application under Section 42 of the Insolvency and Bankruptcy Code, 2016, seeking to set aside the rejection of part of its claim amounting to Rs. 28,28,14,013/- against Priyadarsini Limited and to direct the respondent to verify and admit the rejected portion of the claim.

## Facts

Corporate debtor applied for HT Connection which was sanctioned by Central Power Distribution Company of Andhra Pradesh (APCPDCL), now Southern Power Distribution Company of Telangana Limited (TSSPDCL).

Corporate debtor failed to make payments against the invoices for supply of electricity from July 2016 till September 2016.

The power supply was disconnected on 31.07.2017 due to non-payment of dues.

Applicant company issued notice for termination of agreement dated 27.06.2018 giving 15 days' time for payment of debt.

The HT Agreement for supply of electricity was terminated with effect from 30.11.2017.

…

## Issues and analysis

### Issue 1: Whether the delay of 209 days in …

**Ratio:** The Tribunal held that the delay cannot be condoned because the applicant did not provide

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**Reasoning:** The Tribunal relied on Section 5 of the Limitation Act and the ruling of the Hon'ble

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**Interpretation:** The Tribunal interpreted that the absence of a formal application or even an

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**Application:** The Tribunal applied the principle that the delay cannot be condoned without a

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## Parties

- **Judges:** Venkata Ramakrishn…; SH. CHARAN…
- **Appellants:** Southern Power…; Southern Power…; +1 more
- **Respondents:** Priyadarsini…
- **Other parties:** Krishnamohan…; Krishna Mohan…
- **Advocates:** Harish Kumar…; Shabber…

## Timeline

- **2016-07-01 — Failure t…**: Corporate debtor failed to make payments against the invoices for supply of electricity…
- **2017-07-31 — Power Discon…**: The power supply was disconnected on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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