# In the matter of Trivandrum International Health Services Ltd.

> Read the full IBC case summary for In the matter of Trivandrum International Health Services Ltd.. NCLT judgment dated 2025-05-06. Citation:…

- **Court:** NCLT
- **Order date:** 6 May 2025
- **Citation:** TCN-2025-NCLT-00981
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/trivandrum-international-health-services-ltd-e1df489d

## Summary

### Background

The applicant, a successful auction purchaser, filed an application seeking a refund of interest paid on delayed balance sale consideration and interest on the Earnest Money Deposit (EMD) initially submitted for a private sale, which was later adjusted for a public auction.

## Facts

Ananthapuram Co-operative Society Ltd. (applicant) purchased M/s Royal SUT Hospital through an e-auction as part of the liquidation process of M/s Trivandrum International Health Services Limited. The applicant initially paid Rs. 2,89,53,000/- as Earnest Money Deposit (EMD) for a private sale, which was later considered as EMD for a public auction at the applicant's request. After becoming the successful bidder, the society paid the balance consideration.

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## Issues and analysis

### Issue 1: Whether the respondents should be directed to repay the interest amount of Rs. 51,40,149/- remitted…

**Ratio:** The interest clause invoked by the Resolution Professional for delayed payment of balance…

**Reasoning:** The NCLT reasoned that the Liquidator rightly invoked the interest clause as per…

**Interpretation:** The court interpreted **Regulation 33 of IBBI (Liquidation Process)…

**Application:** The applicant's delay in making the balance payment on March 14, 2024, after…

## Parties

- **Judges:** Madhu S…; Shri. Vina…
- **Advocates:** For the Applicant:…; For the Respondent…

## Timeline

- **April 13, 2023 — Applicant's interest in…**: Ananthapuram Co-operative Society Ltd. sent a letter to the Resolution Professional…
- **August 10, 2023 — EMD deposit for private…**: The applicant deposited Rs. 2,89,53,000/- as Earnest Money Deposit (EMD) for the private…

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