# In the matter of Dalmia Healthcare Limited (IB)-1532-ND-2019

> NCLT judgment dated 2020-02-13. Citation: TCN-2020-NCLT-01961. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 13 Feb 2020
- **Citation:** TCN-2020-NCLT-01961
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dalmia-healthcare-limited-ib-1532-nd-2019-85b2d557

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016 by Ranstand India Private Limited (Operational Creditor) against Dalmia Healthcare Limited (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed that the Corporate Debtor defaulted on payments for manpower services provided under an agreement dated 16.03.2017. A Memorandum of Understanding (MoU) was later entered on 23.06.2017, wherein the Corporate Debtor agreed to pay an amount of Rs. 19,99,139/- in installments. However, disputes arose regarding the amount due and the quality of services provided.

## Facts

Ranstand India Private Limited (Operational Creditor) provided manpower services to Dalmia Healthcare Limited (Corporate Debtor) under an agreement dated 16.03.2017. The agreement was for a period of 12 months. A Memorandum of Understanding (MoU) was entered into on 23.06.2017, wherein the Corporate Debtor agreed to pay Rs. 19,99,139/- in installments. The Corporate Debtor made some payments in July and August 2017 but subsequently stopped. The Operational Creditor issued a legal notice under Section 8 of the IBC on 11.01.2019. The Corporate Debtor replied on 19.09.2019, denying the claim and arguing that the agreement was not legally binding. The Operational Creditor claimed an outstanding balance of Rs. 16,69,153.07/-. The Corporate Debtor argued that the services

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## Issues and analysis

### Issue 1: Whether the Operational Creditor fulfilled the requirements for the admission of the application …

**Ratio:** Section 9(5) of the IBC, 2016 states that the Adjudicating Authority shall, within

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**Reasoning:** The court found that the Operational Creditor had complied with all the requirements of

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**Interpretation:** Section 9 of the IBC provides the procedure for initiating CIRP by an

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

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** Ranstand India…
- **Respondents:** Dalmia Healthcare…
- **Advocates:** Robin R…; V.V. Siva…; +7 more

## Timeline

- **2017-03-16 — Agreement…**: Agreement entered into between Ranstand India Private Limited and Dalmia Healthcare…
- **2017-06-23 — MoU Date…**: Memorandum of Understanding (MoU) entered into, wherein Dalmia Healthcare Limited agreed…

## 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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