# In the matter of Accord Mediplus Pvt. Ltd. CP(IB) 4424(MB)-2018

> NCLT judgment dated 2019-04-08. Citation: TCN-2019-NCLT-04070. The case pertains to CP(IB) 4424(MB)/2018 before the National Company Law Tribunal, Mumbai…

- **Court:** NCLT
- **Order date:** 8 Apr 2019
- **Citation:** TCN-2019-NCLT-04070
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/accord-mediplus-pvt-ltd-cpib-4424mb-2018-6626a94c

## Summary

### Background

The case pertains to CP(IB) 4424(MB)/2018 before the National Company Law Tribunal, Mumbai Bench. The Operational Creditor's counsel has filed an affidavit of service indicating that notice has been served to the Corporate Debtor. However, no reply has been filed by the Corporate Debtor, and there is no representation from their side.

## Facts

The Operational Creditor initiated proceedings against the Corporate Debtor, Accord Mediplus Pvt Ltd, under Section 9 of the Insolvency & Bankruptcy Code, 2016. The Operational Creditor's counsel filed an affidavit confirming that the Corporate Debtor was served notice. Despite the service of notice, the Corporate Debtor has not filed any reply, nor has there been any representation on their behalf. The absence of a response from the Corporate Debtor is a key fact influencing the court's decision to grant a further opportunity to file a reply.

## Issues and analysis

### Issue 1: Whether the Corporate Debtor was duly …

**Ratio:** The affidavit of service filed by the Operational Creditor's counsel serves as prima

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**Reasoning:** The court relies on the affidavit of service as an indication that the Corporate Debtor

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**Interpretation:** The legal interpretation is that an affidavit of service is generally accepted

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**Application:** In this case, the affidavit of service was accepted, establishing that the

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## Parties

- **Judges:** V. P. S…; RavikumarDu…
- **Appellants:** R. K. Ga…
- **Respondents:** Accord Mediplus…

## Timeline

- **2019-04-08 — Hearing…**: Hearing of Mumbai Bench of the…
- **2018-01-01 — Case Fil…**: CP(IB) 4424(MB)/2018…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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