# In the matter of Mr. Yogesh Baliram Vargantwar Vs. Vignaharta Health Visionaries Pvt. Ltd. CA(AT)(Insolvency)No. 479 of 2019

> NCLAT judgment dated 2019-11-14. Citation: TCN-2019-NCLAT-00137. The Appellant, Dr. Yogesh Baliram Vargantwar, an Operational Creditor, filed an application…

- **Court:** NCLAT
- **Order date:** 14 Nov 2019
- **Citation:** TCN-2019-NCLAT-00137
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mr-yogesh-baliram-vargantwar-vs-vignaharta-health-visionaries-pvt-ltd-ca-5d94aa28

## Summary

### Background

The Appellant, Dr. Yogesh Baliram Vargantwar, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Corporate Insolvency Resolution Process against M/s. Vighnaharta Health Visionaries Private Limited, the Corporate Debtor. The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai, rejected the application via an order dated March 29, 2019, based on the existence of a pre-existing dispute and the operational creditor's failure to prove an operational debt due on the corporate debtor.

## Facts

Dr. Yogesh Baliram Vargantwar, the Appellant and Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process against M/s. Vighnaharta Health Visionaries Private Limited, the Corporate Debtor. The Adjudicating Authority rejected the application on March 29, 2019, citing a pre-existing dispute and the operational creditor's failure to prove the debt. The Appellant argued that the Corporate Debtor acknowledged a debt of Rs. 94.41 Lakhs in its balance sheet as of March 31, 2017. The Respondent relied on an email from February 22, 2018, to suggest a pre-existing dispute. The Appellant is a partner in a partnership firm who is the Landlord as well as a Professional Doctor

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in rejecting the application under Section 9 of the …

**Ratio:** The Adjudicating Authority cannot reject an application under Section 9 if the Corporate

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**Reasoning:** The court reasoned that the Corporate Debtor's account showed dues exceeding Rs. 94

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**Interpretation:** This means that if the operational debt is evident from the Corporate Debtor's

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**Application:** In this case, the Corporate Debtor's account showed outstanding dues, and the

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## Parties

- **Judges:** S.J. Mukhop…; Venugop…
- **Appellants:** Yogesh Baliram…
- **Respondents:** M/s. Vighnaharta…; M/s. Vighnaharta…

## Timeline

- **2019-03-29 — Impugned…**: The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai,…
- **2019-11-14 — Application…**: The Appellant- Dr. Yogesh Baliram Vargantwar filed an Application under Section 9 of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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