# In the matter of Tech Sharp Engineers Pvt. Ltd. Vs. Sanghvi Movers Ltd.,Civil Appeal No.296 of 2020

> SC judgment dated 2022-09-19. Citation: TCN-2022-SC-00022. The appeal is against the judgment and order dated 23rd July 2019 passed by the National Company…

- **Court:** SC
- **Order date:** 19 Sept 2022
- **Citation:** TCN-2022-SC-00022
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/tech-sharp-engineers-pvt-ltd-vs-sanghvi-movers-ltdcivil-appeal-no296-of-2020-25555ca3

## Summary

### Background

The appeal is against the judgment and order dated 23rd July 2019 passed by the National Company Law Appellate Tribunal (NCLAT), New Delhi, which allowed Company Appeal (AT) (Insolvency) No. 118 of 2019 filed by the Respondent and set aside an order dated 2nd January 2019 passed by the Adjudicating Authority, i.e., the National Company Law Tribunal (NCLT), Chennai. The NCLT had dismissed an application filed by the Respondent as barred by limitation. The dispute arose from an agreement where the Respondent let out a 150 MT crane to the Appellant for equipment erection. Invoices were raised between January 2012 and March 2013, totaling Rs.38,84,709/-. The Respondent issued notices for payment, and the Appellant acknowledged liability in November 2013. A winding-up

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## Facts

M/S Tech Sharp Engineers Pvt. Ltd. (Appellant) and Sanghvi Movers Limited (Respondent) entered into an agreement where the Respondent provided a 150 MT crane to the Appellant for equipment erection at Paradip, Odisha. The Respondent raised invoices totaling Rs.38,84,709/- between January 2012 and March 2013. The Respondent issued notices for payment, and the Appellant acknowledged liability on November 7, 2013. The Appellant defaulted on payments, with the last payment made in June 2013. The Respondent filed a winding-up petition in the Madras High Court on July 4, 2015, which was returned for curing defects. The IBC came into force on December 1, 2016. The Respondent issued a demand notice on November 14, 2017, under Section 8(1) of the IBC. The Respondent filed a

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## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC) was …

**Ratio:** The Limitation Act applies to proceedings under the IBC. Article 137 of the Limitation

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**Reasoning:** The court reasoned that the date on which the right to sue accrues is material for

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**Interpretation:** The interpretation is that the limitation period for filing an application

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**Application:** In this case, the default occurred before March 30, 2015 (three years before

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## Parties

- **Judges:** INDIRA BA…; J.K. MAHE…
- **Appellants:** M/S TECH SHARP…
- **Respondents:** SANGHVI MOVERS…

## Timeline

- **2012-01-01 — Invoices…**: Respondent raised invoices on the Appellant between January 2012 and March 2013 for a sum…
- **2013-03-04 — Invoices…**: Respondent raised invoices on the Appellant between January 2012 and March 2013 for a sum…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 62 — Appeal to Supreme Court](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-62)

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