# In the matter of Glocal Healthcare System Pvt. Ltd. CP (IB) No. 804-KB-2018

> NCLT judgment dated 2018-10-29. Citation: TCN-2018-NCLT-00452. The case involves CP(IB) No. 804/KB/2018 between M/s. Rent A Computer and Glocal Healthcare…

- **Court:** NCLT
- **Order date:** 29 Oct 2018
- **Citation:** TCN-2018-NCLT-00452
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/glocal-healthcare-system-pvt-ltd-cp-ib-no-804-kb-2018-305cfd66

## Summary

### Background

The case involves CP(IB) No. 804/KB/2018 between M/s. Rent A Computer and Glocal Healthcare System Pvt. Ltd. The matter was related to an application under Section 9 of the IBC. The operational creditor did not appear, but the Resolution Professional (RP) and the counsel for the corporate debtor were present. The Appellate Tribunal had passed an order in CA No. 617/2018.

## Facts

M/s. Rent A Computer initiated a Corporate Insolvency Resolution Process (CIRP) against Glocal Healthcare System Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code (IBC). The case was registered as CP(IB) No. 804/KB/2018 before the National Company Law Tribunal (NCLT), Kolkata Bench. During the hearing on October 29, 2018, the operational creditor, M/s. Rent A Computer, was not represented. However, the Resolution Professional (RP) and the counsel for the corporate debtor, Glocal Healthcare System Pvt. Ltd., were present. The counsel for the corporate debtor submitted an order passed by the Appellate Tribunal in CA No. 617/2018, indicating that the matter had been settled at the appellate stage. The Appellate Tribunal had set aside the order admitting the

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## Issues and analysis

### Issue 1: Whether the Corporate Insolvency Resolution Process (CIRP) application CP(IB) No. 804/KB/2018 …

**Ratio:** When a matter is settled at the Appellate stage and the Appellate Tribunal sets aside the

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**Reasoning:** The court reasoned that the Appellate Tribunal's decision to set aside the admission of

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**Interpretation:** This interpretation clarifies that an order by an appellate authority reversing

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**Application:** In this case, the Appellate Tribunal's order in CA No. 617/2018 setting aside

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## Parties

- **Judges:** Madan B.…
- **Appellants:** M/s. Rent A…
- **Respondents:** Glocal Healthcare…
- **Advocates:** Suhani Dw…; Deepanjan Dutta…

## Timeline

- **2018-10-29 — Hearing…**: Hearing on CP(IB) No. 804/KB/2018. Operational Creditor absent, RP and Corporate Debtor's…
- **2018-01-01 — Appellate Tribu…**: Appellate Tribunal passed an order in CA No. 617/2018, setting aside the admission of…

## 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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