# In the matter of Hyline Mediconz Private Limited
Vs.
Anandaloke Medical Centre Private Limited Company Appeal (AT) (Insolvency) No. 1036 of 2022

> NCLAT judgment dated 2022-09-20. Citation: TCN-2022-NCLAT-00201. This is an appeal filed by an Operational Creditor challenging the order dated 10.06.2021…

- **Court:** NCLAT
- **Order date:** 20 Sept 2022
- **Citation:** TCN-2022-NCLAT-00201
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/hyline-mediconz-private-limited-vs-anandaloke-medical-centre-private-limited-com-48ad40ef

## Summary

### Background

This is an appeal filed by an Operational Creditor challenging the order dated 10.06.2021 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, which dismissed the Appellant's application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ('I&B Code'). The application was dismissed because the amount claimed, Rs.41,10,166/-, was below the threshold limit of Rupees One Crore.

## Facts

Hyline Mediconz Private Limited (Appellant) rendered services related to the installation of Modulation Operation Theatre and General Operation Theatre along with the supply of related equipment to Anandaloke Medical Centre Private Limited (Respondent). The Appellant raised invoices to the Respondent from 24.07.2018 to 31.03.2019. A Demand Notice dated 05.03.2020 under Section 8 of the I&B Code was issued demanding an amount of Rs.41,10,166/-, including principal and interest. The demand notice was delivered on 11.03.2020. Subsequently, an application under Section 9 was filed by the Operational Creditor on 18.01.2021. The Adjudicating Authority rejected the application, accepting the Corporate Debtor's submission that the amount claimed was below the threshold

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## Issues and analysis

### Issue 1: Whether the notification dated 24.03.2020, which increased the threshold for initiating CIRP to …

**Ratio:** The notification dated 24.03.2020 is prospective in nature. This principle is based on

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**Reasoning:** The court reasoned that if the notification were applied retrospectively, it would create

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**Interpretation:** The interpretation of the notification as prospective means that it only

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**Application:** In this case, since the application under Section 9 was filed on 18.01.2021,

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## Parties

- **Judges:** Ashok Bh…; M. Satyanarayana…; +1 more
- **Appellants:** Hyline Mediconz…
- **Respondents:** Anandaloke…

## Timeline

- **2018-07-24 — Invoice Perio…**: Invoices were raised by the Appellant upon…
- **2019-03-31 — Invoice Per…**: Invoices were raised by the Appellant…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 4 — Application of this Part](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-4)

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