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4 min read | Updated on July 09, 2026, 14:14 IST
SUMMARY
NCLT said the claim for default of ₹1,323.70 crore was barred by the limitation period and amounted to misuse of the IBC as a debt-recovery tool.
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BPL has a total market capitalisation of ₹298.61 crore as of July 9, 2026, according to data on the NSE. Image: Shutterstock
Consumer electronics firm BPL share price soared as much as 20% to hit upper circuit of ₹64 apiece on Thursday, July 9, a day after the NCLT dismissed an insolvency plea of Morgan Securities and Credits Pvt Ltd (MSCPL) against the firm.
NCLT said the claim for default of ₹1,323.70 crore was barred by the limitation period and amounted to misuse of the Insolvency and Bankruptcy Code (IBC) as a debt-recovery tool.
The Kochi bench of the tribunal held the petition to be an attempt to use IBC as a recovery mechanism after already pursuing arbitration, appellate remedies, and execution.
“Considering the facts and circumstances of the present case, this Adjudicating Authority (NCLT) is of the view that the present proceedings are essentially an attempt to recover the balance amount claimed under the Award after having pursued arbitration, appellate proceedings and execution remedies for several years. Such use of the insolvency process is not in consonance with the object and scheme of the Code,” said NCLT in a July 7 order.
The NCLT's decision came over a Section 7 application filed by MSCPL.
It had sought initiation of the Corporate Insolvency Resolution Process (CIRP) against consumer electronics and healthcare equipment maker BPL over an alleged financial debt of ₹1,323.70 crore arising from bill discounting transactions dating back to 2002-03.
Morgan Securities had contended that BPL defaulted on repayment obligations under bill discounting facilities extended in 2002 and 2003 and that the liability stood crystallised through an arbitral award passed in December 2016, which was subsequently upheld by the Supreme Court in December 2025.
The creditor claimed that despite recoveries and court-directed payments, dues amounting to over ₹1,323 crore remained outstanding.
However, BPL opposed the petition, contending that the original default dated back to June 2007 and that the insolvency application, filed in March 2026, was time-barred. The company also submitted that substantial payments had already been made and that the claim largely related to interest rather than principal dues.
The Limitation Act provides a specified time limit to file a lawsuit. Section 3 of the Act mandates applications made after the prescribed period shall be dismissed.
The NCLT held that though bill discounting arrangement qualified as a "financial debt" under the IBC and that Morgan Securities could be treated as a financial creditor, it ruled that the insolvency plea could not survive the limitation test.
The bench observed that the creditor itself had declared June 14, 2007, as the date of default and had approached the tribunal nearly 19 years later.
The NCLT also noted that MSCPL had already pursued arbitration proceedings, defended the arbitral award before the Delhi High Court and the Supreme Court, and initiated execution proceedings for recovery of the adjudicated amount.
It said the petitioner could not simultaneously rely on the arbitral award as a fresh cause of action while also seeking exclusion of time spent in arbitration and related proceedings under Section 14 of the Limitation Act.
"So, in a nutshell, this Adjudicating Authority is inclined to hold that the Section 7 petition filed by the Applicant is barred by limitation," said the bench comprising Judicial Member Vinay Goel and Technical Member Ravichandran Ramasamy.
The tribunal noted that MSCPL had taken "contradictory stands" by simultaneously claiming that the arbitral award furnished a fresh cause of action while also seeking exclusion of the arbitration period under Section 14 of the Limitation Act—a position it termed "antithetical".
It further observed that MSCPL had already pursued execution proceedings before a civil court in Bengaluru and recovered about ₹168 crore, including ₹72 crore paid directly by BPL and ₹96 crore released from a Supreme Court deposit, against an original arbitration claim of ₹25.79 crore.
“The cumulative effect of the facts noticed above leads this Adjudicating Authority to the conclusion that the present proceedings bear the characteristics of an attempt to enforce and recover amounts under an adjudicated Award rather than a genuine invocation of the insolvency resolution process contemplated under the Code,” said NCLT.
At 1:08 PM, BPL shares were trading at ₹60.63 apiece on the National Stock Exchange, rising 13.67%.
From the beginning of the year, BPL shares have gained over 3%. Over a month’s time, the stock has gained 17%, while it has fallen nearly 1% in the last six months.
Shares of the company had touched their one-year high of ₹91.28 apiece on September 4, 2025, while their 52-week low of ₹37.61 was hit on March 30, 2026.
BPL has a total market capitalisation of ₹298.61 crore as of July 9, 2026, according to data on the NSE.
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