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

> NCLT judgment dated 2020-05-29. Citation: TCN-2020-NCLT-01291. 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-01291
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bourn-hall-international-private-limited-ca-no-519-2019-in-cp-ib-no-5-chd-hry-20-4edad64a

## 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 Corporate Insolvency Resolution Process (CIRP). The company claimed it was facing financial difficulties and had defaulted on its payments. An intervention application (CA No. 519/2019) was filed by RNY Healthcare Services Pvt. Ltd., the landlord of Bourn Hall, alleging that Bourn Hall had not disclosed true and material facts regarding its financial status and the holding pattern of its parent company. The intervener also claimed that Bourn Hall was engaging in a sham to avoid its debts.

## Facts

Bourn Hall International India Private Limited filed an application under Section 10 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP). Bourn Hall stated that it was facing a dire financial situation and had committed several defaults in its payments. The company runs the Bourn Hall Fertility Clinic. HDFC Bank Ltd. is the only financial creditor. RNY Healthcare Services Pvt. Ltd., the landlord of Bourn Hall, filed an intervention application, alleging that Bourn Hall had not disclosed true and material facts regarding its financial status and the holding pattern of its parent company. The intervener also referred to an arbitral award in its favor for ₹3,48,41,071. The application was filed by Diary No. 4296 on

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## Issues and analysis

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

**Ratio:** Section 10 of the Insolvency and Bankruptcy Code, 2016, allows a corporate debtor to file

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**Reasoning:** The Tribunal found that Bourn Hall had committed a default in repayment of its debt, as

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**Interpretation:** Section 10 provides a mechanism for a corporate debtor to initiate CIRP if it

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**Application:** The Tribunal applied Section 10 to the facts of the case and found that Bourn

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## Parties

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

## Timeline

- **2018-10-20 — Statement of…**: Statement of affairs as on this date is…
- **2018-10-30 — Notice to Hoda…**: 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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