# In the matter of Konverge Healthcare Private Limited

> NCLT judgment dated 2025-07-25. Citation: TCN-2025-NCLT-01146. The application was filed under Section 33(2) and Section 60(5) of the Insolvency and…

- **Court:** NCLT
- **Order date:** 25 Jul 2025
- **Citation:** TCN-2025-NCLT-01146
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-bengaluru/konverge-healthcare-private-limited-19f2464c

## Summary

### Background

The application was filed under Section 33(2) and Section 60(5) of the Insolvency and Bankruptcy Code, 2016, r/w Rule 11 of the National Company Law Tribunal Rules, 2016, by Kalpana Kamlesh Gandhi, the Interim Resolution Professional of Konverge Healthcare Private Limited, seeking initiation of liquidation proceedings.

## Facts

The Company Petition bearing C.P (IB) No.133/BB/2023 was filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 to initiate Corporate Insolvency Resolution Process (‘CIRP') against Corporate Debtor.

The CIRP was admitted on 06.11.2024 and Ms. Kalpana Kamlesh Gandhi was appointed as Interim Resolution Professional (“IRP”) of the Corporate Debtor.

The IRP issued a Public Announcement in Form-A on 09.11.2024, with the last date for submission of claims being 22.11.2024.

Only 7 claims from Operational Creditors were received by 23.11.2024.

On 27.11.2024, a claim was submitted by a director of the corporate debtor, who qualifies as a related party u/s 5(24) of the Code.

On 29.11.2024 one claim from Operational Creditor was received.

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## Issues and analysis

### Issue 1: Whether the Tribunal should direct the liquidation of the Corporate Debtor under Section 33 of the …

**Ratio:** Section 33 of the Insolvency and Bankruptcy Code, 2016, allows the Adjudicating Authority

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**Reasoning:** The Tribunal relied on the judgments of the Hon'ble National Company Law Tribunal,

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**Interpretation:** The absence of claims from Financial Creditors and the inability to verify

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**Application:** The Tribunal applied the principles established in the aforementioned judgments

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## Parties

- **Judges:** Sunil Kumar…; Radhakrishna…
- **Appellants:** Kalpana Kamlesh…
- **Respondents:** Konverge Healthcar…

## Timeline

- **2024-12-13 — Application…**: The present application was filed under section 33 (2) and section 60(5) of the…
- **2024-11-06 — CIRP Adm…**: The CIRP against…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33 — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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