# In the matter of OHIO Cardiology Associates Private Limited CP (IB) No.1053-KB-2019

> Read the full IBC case summary for In the matter of OHIO Cardiology Associates Private Limited CP (IB) No.1053-KB-2019. NCLT judgment dated 2022-05-05.…

- **Court:** NCLT
- **Order date:** 5 May 2022
- **Citation:** TCN-2022-NCLT-04842
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ohio-cardiology-associates-private-limited-cp-ib-no1053-kb-2019-555519af

## Summary

### Background

The Operational Creditor filed a company petition under section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor for failure to pay an outstanding debt of ₹2,03,100/- with interest.

## Facts

Modern Surgical, the Operational Creditor, is a partnership firm engaged in selling medical instruments, O.T. equipment, and hospital furniture. OHIO Cardiology Associates Private Limited, the Corporate Debtor, provides medical services and regularly purchased items from the Operational Creditor. The Operational Creditor initiated Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor under section 9 of the Insolvency and Bankruptcy Code, 2016, due to an unpaid debt.

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor committed a default in…

**Ratio:** The contention of the Corporate Debtor regarding disputes in invoices does not sustain as…

**Reasoning:** The NCLT found that purchase orders were raised by Ohio Heart Hospital and Medical…

**Interpretation:** The NCLT interpreted the identity of 'Ohio Heart Hospital and Medical Centre'…

**Application:** The court applied this interpretation to conclude that the items were delivered…

## Parties

- **Judges:** Rajasekha…; Balraj…
- **Advocates:** For the Operationa…; Sunita Agarwal,…; +3 more

## Timeline

- **July 26, 2016 — Franchisee Ag…**: A Franchisee Agreement was entered into between Medica Hospital Private Limited and the…
- **July 29, 2016 — Operation and…**: An Operation and Management Agreement was entered into between the Corporate Debtor and…

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