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

> NCLT judgment dated 2019-04-08. Citation: TCN-2019-NCLT-04078. 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-04078
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/accord-mediplus-pvt-ltd-cpib-4424mb-2018-71af648c

## 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 was served to the Corporate Debtor. However, as of the hearing date, 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 or made any representation before the court. The lack of response from the Corporate Debtor is a key fact influencing the court's decision to grant them additional time to file a reply.

## Issues and analysis

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

**Ratio:** The legal principle is that proper notice must be given to the Corporate Debtor before

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**Reasoning:** The court relies on the affidavit of service filed by the Operational Creditor's counsel

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**Interpretation:** The interpretation is that an affidavit of service is considered prima facie

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**Application:** In this case, the affidavit of service is accepted as proof of notice. However,

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## Parties

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

## Timeline

- **2019-04-08 — Hearing…**: Hearing of the Mumbai Bench of the…
- **2019-06-13 — Next Hearin…**: Case listed for…

## 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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