# In the matter of Spectrum Voyages Pvt. Ltd. Vs. Fortis Healthcare Ltd. CA (AT) No. 409-2018

> NCLAT judgment dated 2018-10-04. Citation: TCN-2018-NCLAT-00090. This is a Company Appeal (AT) (Insolvency) No. 409 of 2018. The appeal was preferred by the…

- **Court:** NCLAT
- **Order date:** 4 Oct 2018
- **Citation:** TCN-2018-NCLAT-00090
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/spectrum-voyages-pvt-ltd-vs-fortis-healthcare-ltd-ca-134782e3

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No. 409 of 2018. The appeal was preferred by the Appellant, an Operational Creditor, against an order dated May 15, 2018, passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi. The Adjudicating Authority had previously ruled that the territorial jurisdiction over the matter lay with the NCLT-Adjudicating Authority Chandigarh, directing the petition to be filed before the jurisdictional bench.

## Facts

The Appellant, Spectrum Voyages Pvt. Ltd., an Operational Creditor, filed an appeal against Fortis Healthcare Ltd. The Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, had previously ruled that it lacked territorial jurisdiction over the matter, stating that the jurisdiction lay with the NCLT-Adjudicating Authority Chandigarh. The Appellant argued that the NCLT in New Delhi had jurisdiction because the Appellant is located there. However, the Corporate Debtor's registered office is situated in Gurgaon, Haryana. The key fact is the location of the Corporate Debtor's registered office, which determines the appropriate Adjudicating Authority under Section 60 of the I&B Code.

## Issues and analysis

### Issue 1: Whether the National Company Law Tribunal, New Delhi, has the jurisdiction to adjudicate the matter …

**Ratio:** The Adjudicating Authority for corporate persons, in relation to insolvency resolution

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**Reasoning:** The court reasoned that Section 60 of the I&B Code clearly stipulates that the

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**Interpretation:** Section 60 of the I&B Code is interpreted to mean that the location of the

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**Application:** In this case, the Corporate Debtor, Fortis Healthcare Ltd., has its registered

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Spectrum Voyages…
- **Respondents:** Fortis Healthcare…

## Timeline

- **2018-05-15 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi,…
- **2018-10-04 — Appeal Pre…**: The Appellant, an Operational Creditor, preferred an appeal against the order dated May…

## Legal provisions

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

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