# In the matter of Bourn Hall International India Private Limited CA No. 519-2019 in CP (IB) No. 5-Chd-Hry-2019

> NCLT judgment dated 2020-05-29. Citation: TCN-2020-NCLT-01294. Bourn Hall International India Private Limited filed CP (IB) No. 5/Chd/Hry/2019 under Section…

- **Court:** NCLT
- **Order date:** 29 May 2020
- **Citation:** TCN-2020-NCLT-01294
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bourn-hall-international-india-private-limited-ca-no-519-2019-in-cp-ib-no-5-chd-15e52cc7

## Summary

### Background

Bourn Hall International India Private Limited filed CP (IB) No. 5/Chd/Hry/2019 under Section 10 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP). The company stated it was facing a dire financial situation and had committed several defaults in its payment. The application was supported by a resolution passed in an Extraordinary General Meeting (EGM) of the company. During the proceedings, a notice of defect was issued to Bourn Hall for not filing the Board Resolution. An intervention application was filed by RNY Healthcare Services Pvt. Ltd., claiming to be the landlord of Bourn Hall. They alleged that Bourn Hall was unable to pay its debts while concealing true facts about its holding pattern and

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## Facts

Bourn Hall International India Private Limited filed an application under Section 10 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP. Bourn Hall stated it was facing financial difficulties and had defaulted on its payments. The company runs the Bourn Hall Fertility Clinic, providing assisted reproductive technology services. The application was supported by a resolution passed in an Extraordinary General Meeting (EGM). HDFC Bank Ltd. is the only financial creditor. RNY Healthcare Services Pvt. Ltd., claiming to be the landlord of Bourn Hall, filed an intervention application. The intervener alleged that Bourn Hall was concealing true facts about its financial status and holding pattern. The intervener also referred to an arbitral award in their favor for

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## Issues and analysis

### Issue 1: Whether the application under Section 10 of the Insolvency and Bankruptcy Code, 2016, filed by …

**Ratio:** Section 10(4)(a) of the Code provides for admitting the application if it is complete and

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**Reasoning:** The NCLT considered the documents filed by Bourn Hall, including Form No. 6, the

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**Interpretation:** The completeness of the application is determined by compliance with the

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**Application:** The NCLT found that the application was complete and that no disciplinary

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## Parties

- **Judges:** Ajay Kumar…; Pradeep R.…
- **Respondents:** Bourn Hall…

## Timeline

- **2018-10-20 — Statement of Affairs…**: Statement of affairs as on this date shows a debit balance in the P&L Account of…
- **2018-10-30 — Notice to D…**: Notice given to Hoda Abou-Jamra, Director of Bourn Hall, for a meeting of the Board of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 10 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-10)

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