# In the matter of Vighnaharta Health Visionaries Private Limited CP 568-IBC-NCLT-MAH-2018

> NCLT judgment dated 2019-03-29. Citation: TCN-2019-NCLT-04239. The case involves a Company Petition filed under Section 9 of the Insolvency & Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 29 Mar 2019
- **Citation:** TCN-2019-NCLT-04239
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/vighnaharta-health-visionaries-private-limited-cp-568-ibc-nclt-mah-2018-a304c0b9

## Summary

### Background

The case involves a Company Petition filed under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) by Yogesh Baliram Vargantwar (Operational Creditor) to initiate Corporate Insolvency Resolution Process against Vighnaharta Health Visionaries Private Limited (Corporate Debtor). The Operational Creditor claims a default in payment of Rs. 99,07,861 towards professional charges. A Memorandum of Understanding (MoU) dated 5.2.2015 existed between the parties, outlining the terms of professional services related to neurosurgery. Disputes arose regarding payments, leading to a demand notice issued by the Operational Creditor and a subsequent denial of liability by the Corporate Debtor. The Corporate Debtor also initiated a civil suit against the Operational

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## Facts

Yogesh Baliram Vargantwar, an Operational Creditor, filed a petition under Section 9 of the IBC against Vighnaharta Health Visionaries Private Limited, a Corporate Debtor, claiming a default of Rs. 99,07,861 towards professional charges. A Memorandum of Understanding (MoU) dated 5.2.2015 existed, where the Operational Creditor was to provide neurosurgery services, with 70% of the patient bill going to the creditor and 30% retained by the debtor. The creditor claims non-payment from 20.9.2015. The debtor denies liability, citing disputes and an ongoing arbitration. A demand notice was issued on 28.2.2018, and the debtor replied on 8.3.2018. The debtor also filed a civil suit against the creditor for Rs. 23,86,81,806 for breach of representation and fraud. The debtor

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## Issues and analysis

### Issue 1: Whether a pre-existing dispute existed between the Operational Creditor and the Corporate Debtor …

**Ratio:** The Hon'ble Supreme Court in Mobilox Innovations (P) Ltd. v Kirusa Software (P) Ltd. and

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**Reasoning:** The NCLT relied on email communication dated 22.2.2018, sent by the Corporate Debtor to

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**Interpretation:** The legal principle emphasizes that the Adjudicating Authority must determine

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**Application:** In this case, the email communication served as evidence of a pre-existing

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## Parties

- **Judges:** V. P. S…; RavikumarDu…
- **Appellants:** Yogesh Baliram…
- **Respondents:** Vighnaharta…

## Timeline

- **2015-02-05 — Memorandum of…**: Operational Creditor and Corporate Debtor…
- **2015-09-20 — Alleged Default in…**: Operational Creditor claims Corporate Debtor…

## 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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