# In the matter of Health Secure (India) Private Limited C.P. (IB)No.1924-NCLT-MB-2019

> NCLT judgment dated 2020-01-10. Citation: TCN-2020-NCLT-02400. The case involves an application filed by Associated Road Carriers Limited, an operational…

- **Court:** NCLT
- **Order date:** 10 Jan 2020
- **Citation:** TCN-2020-NCLT-02400
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/health-secure-india-private-limited-cp-ibno1924-nclt-mb-2019-11eb03bc

## Summary

### Background

The case involves an application filed by Associated Road Carriers Limited, an operational creditor, against Health Secure (India) Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code (I&B Code), 2016, for initiating the Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed a default of Rs. 27,24,973/- along with interest at 24% p.a. for transportation services rendered to the corporate debtor. The corporate debtor admitted its liability but failed to make the payment.

## Facts

Associated Road Carriers Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Health Secure (India) Private Limited (Corporate Debtor) for initiating Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a default of Rs. 27,24,973/- along with interest at 24% p.a. The Operational Creditor provided transportation services from Vashi-Mumbai and one consignment from Dewasto to the Corporate Debtor between 25.06.2016 and 30.06.2017 and raised bills and consignment notes. The Corporate Debtor admitted the transaction and confirmed the liability vide letters dated 27.03.2018, 28.08.2018, and 01.09.2018, assuring payment by 28.02.2019. The Operational Creditor issued a demand notice

…

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the I&B Code, 2016, filed by the Operational …

**Ratio:** Section 9 of the I&B Code allows an operational creditor to initiate CIRP against a

…

**Reasoning:** The court observed that the application was complete and filed in the proper form. The

…

**Interpretation:** Section 9 of the I&B Code requires the operational creditor to demonstrate

…

**Application:** The court found that the application was complete with all necessary documents,

…

## Parties

- **Judges:** RAJESH S…; Bhaskara Pantula…
- **Appellants:** Associated Road…
- **Respondents:** Health Secure…

## Timeline

- **2016-06-25 — Transportation Services…**: Associated Road Carriers Limited provided transportation services to Health Secure…
- **2017-06-30 — End of Transportation…**: Associated Road Carriers Limited completed providing transportation services to Health…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/health-secure-india-private-limited-cp-ibno1924-nclt-mb-2019-11eb03bc