# In the matter of Delagua Health India Pvt. Ltd. IB-1840(ND)-2019

> NCLT judgment dated 2021-10-11. Citation: TCN-2021-NCLT-00758. The case involves an application under Section 9 of the IBC. A 98.9% stakeholder filed an…

- **Court:** NCLT
- **Order date:** 11 Oct 2021
- **Citation:** TCN-2021-NCLT-00758
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/delagua-health-india-pvt-ltd-ib-1840nd-2019-9b1a25b4

## Summary

### Background

The case involves an application under Section 9 of the IBC. A 98.9% stakeholder filed an intervention application, stating the matter was being amicably resolved and requesting time. Subsequently, the stakeholder claimed the amicable resolution failed and sought adjudication and intervention in the proceedings.

## Facts

M/s. Ashish Gupta filed a petition against M/s. Delagua Helath India Pvt. Ltd. under Section 9 of the IBC. A 98.9% stakeholder filed an intervention application, initially claiming amicable resolution and requesting time. Later, the stakeholder asserted the failure of amicable resolution and sought adjudication and intervention. The court found the intervention application unnecessary and the petition collusive. No one was present on behalf of the Operational Creditor or the Corporate Debtor.

## Issues and analysis

### Issue 1: Whether the intervention application filed by the 98.9% stakeholder requires examination under …

**Ratio:** The court has the discretion to determine whether an intervention application requires

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**Reasoning:** The court reviewed the pleadings and the intervention application and concluded that it

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**Interpretation:** Section 9 of the IB Code outlines the process for initiating corporate

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**Application:** The court applied its discretion and determined that the intervention

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## Parties

- **Judges:** P.S.N. P…; BINOD K.…
- **Appellants:** M/s. Ashish…
- **Respondents:** M/s. Delagua…

## Timeline

- **2021-10-11 — Order Del…**: Order delivered on…

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