# In the matter of KIMS Health Care Management Limited IBA-20-KOB-2020

> NCLT judgment dated 2020-06-25. Citation: TCN-2020-NCLT-01117. The case involves an application (IBA/20/KOB/2020) filed by Varghese Panicker Architects, the…

- **Court:** NCLT
- **Order date:** 25 Jun 2020
- **Citation:** TCN-2020-NCLT-01117
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/kims-health-care-management-limited-iba-20-kob-2020-733f60de

## Summary

### Background

The case involves an application (IBA/20/KOB/2020) filed by Varghese Panicker Architects, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against KIMS Healthcare Management Limited, the Corporate Debtor. The Operational Creditor claimed that the Corporate Debtor defaulted on payments for architectural work related to the KIMS East 3rd Phase and KIMS OP/Room Block projects. The Corporate Debtor appeared and raised a dispute. Subsequently, the Operational Creditor sought to withdraw the application.

## Facts

Varghese Panicker Architects (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against KIMS Healthcare Management Limited (Corporate Debtor). The claim arose from unpaid architectural consultancy services for the construction of KIMS Nursing College at Thonnakkal, specifically related to KIMS East 3rd Phase and KIMS OP/Room Block. The amount claimed to be in default was ₹3,34,89,230. The Corporate Debtor raised a dispute. Subsequently, the Operational Creditor sought to withdraw the application. The Operational Creditor filed a withdrawal memo dated 25.06.2020. The Corporate Debtor also filed a written statement on 25.06.2020, requesting that the Bench

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## Issues and analysis

### Issue 1: Whether the Operational Creditor's request for …

**Ratio:** The court has the discretion to allow the withdrawal of an application under the

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**Reasoning:** The court considered the withdrawal petition filed by the Operational Creditor and the

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**Interpretation:** The court interpreted the provisions of the Insolvency and Bankruptcy Code,

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**Application:** In this case, the court applied the ratio by allowing the Operational

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## Parties

- **Judges:** Ashok Kumar…
- **Appellants:** M/s. Varghese…
- **Respondents:** M/s. KIMS…
- **Advocates:** B. Ashok…; S.M.Ameerul…

## Timeline

- **2020-02-24 — Filing of IBA…**: The Operational Creditor approached the Tribunal by filing the IBA application to…
- **2020-03-18 — Corporate Debtor Raises…**: The Corporate Debtor appeared and…

## 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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