# In the matter of Bharat Medicare Private Limited MA-598-2018 In CP-191-(IB)-CB-2018

> NCLT judgment dated 2019-01-28. Citation: TCN-2019-NCLT-05133. The case involves an application (MA/598/2018) filed in CP/191/(IB)/CB/2018 by the Resolution…

- **Court:** NCLT
- **Order date:** 28 Jan 2019
- **Citation:** TCN-2019-NCLT-05133
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bharat-medicare-private-limited-ma-598-2018-in-cp-191-ib-cb-2018-9423e0d8

## Summary

### Background

The case involves an application (MA/598/2018) filed in CP/191/(IB)/CB/2018 by the Resolution Professional, Mr. A. Mohan Kumar, under Section 33(1)(a)/34(1) of the Insolvency and Bankruptcy Code, 2016, seeking an order for the liquidation of the Corporate Debtor, M/s. Bharat Medicare Private Limited. The Corporate Insolvency Resolution Process (CIRP) was initiated following an order dated 18.04.2018, after an application under Section 9 of the I&B Code, 2016, was filed by the Operational Creditor, Mr. R. S. Senthil Kumar. The Resolution Professional issued a newspaper publication inviting Expression of Interest (Eol) for resolution plans, but no resolution plan was received.

## Facts

Mr. R. S. Senthil Kumar, an Operational Creditor, initiated proceedings against M/s. Bharat Medicare Private Limited, the Corporate Debtor, under Section 9 of the I&B Code, 2016. The Corporate Insolvency Resolution Process (CIRP) commenced on 2018-04-18. Mr. A. Mohan Kumar was appointed as the Interim Resolution Professional (IRP) and later as the Resolution Professional. The Resolution Professional issued a newspaper publication inviting Expression of Interest (Eol) for resolution plans on 2018-10-01 and 2018-10-02, with a deadline of 2018-10-05. The Committee of Creditors (CoC) comprised only the Operational Creditor. The Corporate Debtor's assets consisted of old and partially non-operational medical equipment. The Corporate Debtor was unable to meet its running

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor, M/s. Bharat Medicare Private Limited, should be liquidated due to the …

**Ratio:** According to Section 30(6) of the I&B Code, 2016, if no resolution plan is received

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**Reasoning:** The court reasoned that since no resolution plan was received within the CIRP period,

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**Interpretation:** The interpretation of Section 30(6) of the I&B Code, 2016, mandates

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**Application:** In this case, no resolution plan was received within the CIRP period.

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## Parties

- **Judges:** CH. MOHD SHARIEF…
- **Respondents:** Bharat Medicare…

## Timeline

- **2018-04-18 — CIRP Init…**: CIRP initiated against the Corporate Debtor,…
- **2018-10-01 — EOI Publi…**: Resolution Professional published newspaper advertisement inviting Expression of Interest…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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