# In the matter of Dalmia Biz Medicare Limited (IB)-1509(ND)2019

> NCLT judgment dated 2020-01-13. Citation: TCN-2020-NCLT-02353. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by M/s…

- **Court:** NCLT
- **Order date:** 13 Jan 2020
- **Citation:** TCN-2020-NCLT-02353
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dalmia-biz-medicare-limited-ib-1509nd2019-af69e288

## Summary

### Background

The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by M/s Randstad India Private Limited (Operational Creditor) against M/s Dalmia Biz Medicare Ltd. (Corporate Debtor) to initiate the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor provided deputation services to the Corporate Debtor based on a Deputation Services Agreement dated 13.04.2017. The Corporate Debtor defaulted on payments, leading to the filing of the petition.

## Facts

M/s Randstad India Private Limited, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against M/s Dalmia Biz Medicare Ltd., the Corporate Debtor. The Operational Creditor provided deputation services to the Corporate Debtor based on a Deputation Services Agreement dated 13.04.2017. Invoices were raised for the services provided from 30.06.2017 to 04.07.2017, totaling Rs. 20,20,348.73. A Memorandum of Understanding (MoU) dated 04.07.2017 was executed between the parties, wherein the Corporate Debtor agreed to clear outstanding dues of Rs. 15,45,764 in six equal monthly installments from July 2017 to December 2017. The Corporate Debtor paid only three installments on 15.07.2017, 15.09.2017, and 15.10.2017,

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the IBC is complete and …

**Ratio:** Section 9(5) of the IBC allows for the admission of a petition if it is complete and

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**Reasoning:** The court found that the petition was complete and that the Corporate Debtor had

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to initiate

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**Application:** The court applied Section 9(5) of the IBC to the facts of the case, finding

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## Parties

- **Judges:** Ina Mal…; Shri. L. N.…
- **Appellants:** M/s Randstad…
- **Respondents:** M/s. Dalmia Biz…; M/s Dalmia Biz…

## Timeline

- **2017-04-13 — Deputation Services…**: Deputation Services Agreement executed between…
- **2017-06-30 — Invoice…**: Invoice No. R50279041…

## 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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