# In the matter of Santosh Hoapitals Pvt. Ltd. IBA-381A-2019

> NCLT judgment dated 2019-04-04. Citation: TCN-2019-NCLT-04139. The document pertains to an order in the matter of IBA/381A/2019 before the National Company…

- **Court:** NCLT
- **Order date:** 4 Apr 2019
- **Citation:** TCN-2019-NCLT-04139
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/santosh-hoapitals-pvt-ltd-iba-381a-2019-04e2213d

## Summary

### Background

The document pertains to an order in the matter of IBA/381A/2019 before the National Company Law Tribunal (NCLT), Chennai Bench. The case involves I-NET SOLUTIONS as the petitioner and SANTOSH HOAPITALS PVT LTD as the respondent. The order relates to an application filed under Section 9 Rule 6 of the IBC. Another case, IBA/434/2019, filed by the Financial Creditor under Section 10 of the Code, was admitted.

## Facts

The case involves an application IBA/381A/2019 filed by I-NET SOLUTIONS, an Operational Creditor, against SANTOSH HOAPITALS PVT LTD under Section 9 Rule 6 of the IBC. Simultaneously, a separate application IBA/434/2019 was filed by a Financial Creditor under Section 10 of the IBC. The NCLT admitted the application filed by the Financial Creditor (IBA/434/2019) and dismissed the application filed by the Operational Creditor (IBA/381A/2019). The Operational Creditor was directed to submit its claim to the IRP already appointed in the case filed by the Financial Creditor. This suggests that the NCLT prioritized the application of the Financial Creditor over that of the Operational Creditor.

## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 Rule 6 of the IBC should …

**Ratio:** The IBC provides a framework for resolving insolvency, and the NCLT has the power to

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**Reasoning:** The NCLT admitted the application filed by the Financial Creditor (IBA/434/2019) under

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**Interpretation:** The interpretation is that when both financial and operational creditor

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**Application:** In this case, the NCLT applied the principle by admitting the financial

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** I-NET SOL…
- **Respondents:** SANTOSH HOAPITALS…
- **Advocates:** Abhinav Parthasara…; H. Karthik…

## Timeline

- **2019-04-04 — Hearing…**: Hearing of Chennai Bench, Chennai National…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 10 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-10)

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