# In the matter of Santosh Hospitals Pvt. Ltd. IBA-433-2019

> NCLT judgment dated 2019-04-04. Citation: TCN-2019-NCLT-04148. The document pertains to an order sheet from the National Company Law Tribunal (NCLT), Chennai,…

- **Court:** NCLT
- **Order date:** 4 Apr 2019
- **Citation:** TCN-2019-NCLT-04148
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/santosh-hospitals-pvt-ltd-iba-433-2019-5e20c5d5

## Summary

### Background

The document pertains to an order sheet from the National Company Law Tribunal (NCLT), Chennai, regarding an application under the Insolvency and Bankruptcy Code (IBC). The hearing was held on April 4, 2019. The case involves Chennai Healthcare Engineers as the petitioner and Santosh Hospitals Pvt Ltd as the respondent. IBA/433/2019 was filed by the Operational Creditor.

## Facts

Chennai Healthcare Engineers filed an application (IBA/433/2019) as an Operational Creditor against Santosh Hospitals Pvt Ltd. Simultaneously, a Financial Creditor filed another application (IBA/434/2019) against Santosh Hospitals Pvt Ltd 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/433/2019). The Operational Creditor is now required to submit their claim to the IRP appointed in the admitted case (IBA/434/2019).

## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor (IBA/433/2019) should be admitted when a …

**Ratio:** When an application under Section 10 of the IBC filed by a Financial Creditor is

…

**Reasoning:** The court reasoned that since the application by the Financial Creditor under Section 10

…

**Interpretation:** This interpretation suggests a preference for the Financial Creditor's

…

**Application:** In this specific case, because the Financial Creditor's application

…

## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** Chennai Healthcare…
- **Respondents:** SANTOSH HOSPITALS…

## Timeline

- **2019-04-04 — Hearing…**: Hearing held at NCLT Chennai…
- **2019-01-01 — Filing of IBA/…**: IBA/433/2019 filed by Chennai Healthcare…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/santosh-hospitals-pvt-ltd-iba-433-2019-5e20c5d5