# In the matter of Trivitron Healthcare Pvt. Ltd. CP-637-(IB)-2017

> NCLT judgment dated 2017-11-24. Citation: TCN-2017-NCLT-00139. The case involves an application filed by RNB Arc Design Systems, the Operational Creditor,…

- **Court:** NCLT
- **Order date:** 24 Nov 2017
- **Citation:** TCN-2017-NCLT-00139
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/trivitron-healthcare-pvt-ltd-cp-637-ib-2017-6d0101e3

## Summary

### Background

The case involves an application filed by RNB Arc Design Systems, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Trivitron Healthcare Private Limited, the Corporate Debtor. The Operational Creditor seeks to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, declare a moratorium, and appoint an Interim Resolution Professional (IRP). The Operational Creditor's claim is based on services rendered under a work order dated 28.03.2014, for supplying and installing fire-rated doors. The Corporate Debtor has allegedly defaulted on payments for the completed work.

## Facts

RNB Arc Design Systems (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Trivitron Healthcare Private Limited (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP). The claim is based on a work order dated 28.03.2014, for services rendered by the Operational Creditor, specifically the supply and installation of 90 fire-rated doors at the Corporate Debtor's factory. The Operational Creditor issued a demand notice on 18.02.2017, claiming Rs. 8,97,659/- along with 18% interest. The Corporate Debtor did not respond to the notice. The Operational Creditor complied with Section 9(3)(b) and (c) of the I&B Code, 2016. The Corporate Debtor raised objections regarding delays in work

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, filed by the …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The court considered the submissions of both parties and examined the documents placed on

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** In this case, the Operational Creditor had provided evidence of the work order,

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** RNB ARC DESIGN…
- **Respondents:** TRIVITRON…

## Timeline

- **2014-03-28 — Work Orde…**: Work order issued to RNB Arc Design Systems for…
- **2014-04-25 — Partial P…**: Corporate Debtor advanced some amount,…

## 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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