# In the matter of Agfa Healthcare India Private Limited C.P. (IB)-2412(MB)-2018

> NCLT judgment dated 2022-06-17. Citation: TCN-2022-NCLT-02186. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 17 Jun 2022
- **Citation:** TCN-2022-NCLT-02186
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/agfa-healthcare-india-private-limited-cp-ib-2412mb-2018-1801b47c

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by MIS Healthcare Private Limited (Operational Creditor) against Agfa Healthcare India Private Limited (Corporate Debtor) for default in repaying an amount of ₹15,60,326.94 together with interest of ₹6,73,291.76, aggregating to ₹22,33,618.70 as on 11.08.2015. The Operational Creditor and the Corporate Debtor entered into a service agreement dated 01.01.2014, where the Operational Creditor was to provide maintenance and services to pharmaceutical equipment. The Corporate Debtor claimed that the Operational Creditor violated the terms of the agreement and raised a counter claim. The Corporate Debtor also stated that a previous company petition on the same subject was

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## Facts

MIS Healthcare Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Agfa Healthcare India Private Limited (Corporate Debtor) for default in payment. The debt claimed was ₹15,60,326.94 plus interest of ₹6,73,291.76, totaling ₹22,33,618.70 as of 11.08.2015. The basis of the debt was a service agreement dated 01.01.2014, where the Operational Creditor provided maintenance and services for pharmaceutical equipment. The Operational Creditor raised invoices on 31.12.2015, 31.12.2016, and 31.12.2017. The Corporate Debtor claimed the demand notice was for harassment, as a previous petition (No. 1136/2017) was withdrawn. The Corporate Debtor also claimed termination of the agreement due to the

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of 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 the material on record. The

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover debts from

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**Application:** The court found that the Corporate Debtor's admission of liability, even for a

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## Parties

- **Judges:** P.N. Deshmukh…; Shyam Babu…
- **Appellants:** MIS Healthcare…
- **Respondents:** Agfa Healthcare…

## Timeline

- **2014-01-01 — Service Agr…**: Operational Creditor and Corporate…
- **2015-05-29 — Email Regarding Service…**: Corporate Debtor raised issue…

## 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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