# In the matter of Nayati Healthcare & Research Pvt. Ltd. CP No. 40-Chd-Hry-2018

> NCLT judgment dated 2018-06-13. Citation: TCN-2018-NCLT-01286. M/s. Nice Projects Pvt. Ltd., an operational creditor, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 13 Jun 2018
- **Citation:** TCN-2018-NCLT-01286
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nayati-healthcare-research-pvt-ltd-cp-no-40-chd-hry-2018-bf6c6ad2

## Summary

### Background

M/s. Nice Projects Pvt. Ltd., an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the corporate insolvency resolution process (CIRP) against M/s. Nayati Healthcare & Research Pvt. Ltd., the corporate debtor. The petitioner claimed that the respondent defaulted on payments for services rendered related to the construction of a hospital building. The respondent disputed the claim, citing defective work, non-settlement of employee dues by the petitioner, and other issues. The Adjudicating Authority considered the arguments and evidence presented by both parties.

## Facts

M/s. Nice Projects Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against M/s. Nayati Healthcare & Research Pvt. Ltd. (Corporate Debtor). The petitioner provided services for the construction of a hospital building, specifically 'structure and block masonry and plaster (RCC Frame and Shell works)'. A contract was signed on 17.10.2013. The agreed completion date was 16.10.2015. The petitioner claimed ₹ 77,32,143 was due, including retention money. The respondent disputed the claim, alleging defective work, specifically in the construction of a bunker for LINAC, which could cause radiation leakage. The respondent also claimed the petitioner had not settled dues to its employees and

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## Issues and analysis

### Issue 1: Whether a genuine dispute exists between the operational creditor and the corporate debtor …

**Ratio:** The Hon'ble Supreme Court in Mobilox Innovations Private Limited Vs. Kirusa Software

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**Reasoning:** The Adjudicating Authority found that disputes raised by the respondent existed before

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**Interpretation:** The existence of a genuine and plausible dispute, not merely a spurious

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**Application:** In this case, the Adjudicating Authority found that the disputes raised by the

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## Parties

- **Judges:** R.P.Nag…; Pradeep R.…
- **Appellants:** M/s. Nice…
- **Respondents:** M/s. Nayati…

## Timeline

- **2013-10-17 — Contract…**: Contract signed between M/s. Nice Projects Pvt. Ltd. and M/s. Nayati Healthcare &…
- **2013-11-26 — Commencement…**: Work commenced as per the agreement, with a…

## 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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