# 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-01284. 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-01284
- **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-a8aa8785

## 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 acknowledged facing a dire financial situation and having committed several defaults in its payments. The application was supported by a special resolution passed in an Extraordinary General Meeting (EGM) of the company's members. During the proceedings, a notice of defect was issued due to the non-filing of the Board Resolution. An intervention application (CA No. 519/2019) was filed by RNY Healthcare Services Pvt. Ltd., claiming to be the landlord of Bourn Hall, alleging that Bourn Hall was unable to pay its debts while concealing true facts

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## Facts

Bourn Hall International India Private Limited (Bourn Hall) filed an application under Section 10 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP). Bourn Hall acknowledged facing financial difficulties and defaulting on payments. The application was supported by a special resolution passed in an Extraordinary General Meeting (EGM) of the company's members on 31.10.2018. The company's registered office is located in Gurgaon, Haryana. The master data of Bourn Hall was provided in Annexure A-16 of the petition. HDFC Bank Ltd. is the only financial creditor. There are 127 suppliers of goods and services. The company runs the Bourn Hall Fertility Clinic. The instances of default in payment are given in Para 11 of the

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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 court considered the arguments presented by both Bourn Hall and the intervener. The

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

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**Application:** The court found that Bourn Hall had committed defaults in its payments and had

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## Parties

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

## Timeline

- **2018-10-31 — Extraordinary General…**: Resolution passed in the Extraordinary General…
- **2019-01-10 — Hearing…**: During the course of the hearing, the learned counsel for Bourn Hall inter alia contended…

## 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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