# 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-02188. 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-02188
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/agfa-healthcare-india-private-limited-cp-ib-2412mb-2018-26cc2f87

## 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 appointed to provide maintenance and services to pharmaceutical equipment. The Operational Creditor raised invoices against the Corporate Debtor on 31.12.2015, 31.12.2016 and 31.12.2017. The Corporate Debtor claimed that the demand notice was issued to harass them, as a previous

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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) due to a default in payment. The outstanding amount was ₹15,60,326.94, with an additional interest of ₹6,73,291.76, totaling ₹22,33,618.70 as of 11.08.2015. A service agreement was in place since 01.01.2014, where MIS Healthcare was to provide maintenance services for pharmaceutical equipment. Invoices were raised by the Operational Creditor on 31.12.2015, 31.12.2016, and 31.12.2017. Agfa Healthcare claimed that a previous petition on the same matter had been withdrawn and that the services provided by MIS Healthcare were substandard, leading to a counter claim of

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the …

**Ratio:** The application is maintainable if the operational debt exists and there is a default in

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**Reasoning:** The court considered the submissions of both parties and found that the Corporate Debtor

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**Interpretation:** The court interpreted the provisions of Section 9 of the Insolvency and

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**Application:** The court applied the ratio to the facts of the case and found that the

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## Parties

- **Judges:** P.N. Des…; 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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