# In the matter of Bharat Medicare Private Limited CP-191-(IB)-CB-2018

> NCLT judgment dated 2018-04-18. Citation: TCN-2018-NCLT-01532. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 18 Apr 2018
- **Citation:** TCN-2018-NCLT-01532
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bharat-medicare-private-limited-cp-191-ib-cb-2018-93854549

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by an Operational Creditor, Mr. R. S. Senthil Kumar, against the Corporate Debtor, M/s. Bharat Medicare Private Limited. The Operational Creditor claimed a principal amount of Rs. 13,49,308 as of January 1, 2015, which the Corporate Debtor allegedly failed to pay. The dispute arises from a lease agreement entered into on October 15, 2008, where the Corporate Debtor leased a building for a monthly rent of Rs. 3,00,000 plus service tax, with a 20% enhancement every three years. The Operational Creditor sent a demand notice on September 18, 2017, under Section 8 of the I&B Code, 2016, demanding the outstanding debt. The Corporate Debtor did not respond to the notice, and

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## Facts

On October 15, 2008, Mr. R. S. Senthil Kumar (Operational Creditor) and M/s. Bharat Medicare Private Limited (Corporate Debtor) entered into a lease agreement. The agreement stipulated a monthly rent of Rs. 3,00,000 plus applicable service tax, with a 20% rent enhancement every three years, effective from the same date. The Operational Creditor claimed that the Corporate Debtor failed to pay a principal amount of Rs. 13,49,308 as of January 1, 2015. The Operational Creditor sent a demand notice dated September 18, 2017, under Section 8 of the I&B Code, 2016, demanding the outstanding debt. The Corporate Debtor did not reply to the notice. The Operational Creditor filed an affidavit complying with Section 9(3)(b) of the I&B Code, 2016, deposing that the

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## Issues and analysis

### Issue 1: Whether the Operational Creditor's application under Section 9 of the Insolvency and Bankruptcy …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, outlines the procedure for an

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**Reasoning:** The court observed that the Operational Creditor had submitted the lease agreement, the

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**Interpretation:** Section 9 is interpreted to mean that if the operational creditor demonstrates

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**Application:** The court applied the ratio to the facts by noting that the Operational

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** SENTHIL…
- **Respondents:** Bharat Medicare…; BHARAT MEDICARE…
- **Advocates:** SAI RAM GAN…; K. BALAG…

## Timeline

- **2008-10-15 — Lease Agr…**: Operational Creditor and Corporate…
- **2017-09-18 — Demand N…**: Operational Creditor sent a demand notice to the Corporate Debtor under Section 8 of the…

## 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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