# In the matter of M/s Santosh Hospitals Private Limited (under Liquidation), CP No. IBA/434/2019

> NCLT judgment dated 2020-04-12. Citation: TCN-2020-NCLT-01412. The Greater Chennai Corporation filed an application (IBA 434/2019) seeking to handover the…

- **Court:** NCLT
- **Order date:** 12 Apr 2020
- **Citation:** TCN-2020-NCLT-01412
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ms-santosh-hospitals-private-limited-under-liquidation-cp-no-iba4342019-3754875b

## Summary

### Background

The Greater Chennai Corporation filed an application (IBA 434/2019) seeking to handover the infrastructure of M/s. Santosh Hospitals Private Limited to the Government of Tamil Nadu to treat people affected by COVID-19. The application was filed in view of the current crisis caused by the COVID-19 pandemic.

## Facts

The Greater Chennai Corporation filed an application (IBA 434/2019) seeking the handover of Santosh Hospitals Private Limited's infrastructure to the Government of Tamil Nadu for COVID-19 treatment. The application was filed due to the COVID-19 crisis. The Corporate Debtor, Santosh Hospital, is located in Besant Nagar, Chennai. The applicant sought a direction from the court to immediately handover the possession of the hospital. The court heard the counsels for the applicant, respondents, Authorised Representative of M/s. DCB Bank Limited and the Promoters. The court passed a consent order allowing the relief sought by the applicant, subject to certain conditions. These conditions included a detailed inventorisation of the property and the applicant taking over the

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## Issues and analysis

### Issue 1: Whether the Greater Chennai Corporation's application for the handover of Santosh Hospital's …

**Ratio:** The court has the power to issue orders and directions necessary for carrying out the

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**Reasoning:** The court considered the extraordinary situation created by the COVID-19 pandemic and the

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**Interpretation:** The Insolvency and Bankruptcy Code, 2016, provides the court with broad powers

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**Application:** The court applied the ratio to the specific facts of the case, considering the

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## Parties

- **Judges:** SHRI. B.S.V…
- **Appellants:** Greater Chennai…
- **Respondents:** Santosh Hospitals…; Mrs.Deepa Venkat…

## Timeline

- **2019-01-01 — Filing of IBA…**: IBA/434/2019 application…
- **2020-04-12 — Hearing…**: Hearing held on 12.04.2020 at 11.00…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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