# In the matter of Akansha Medicare Pvt. Ltd. (Lifeline Medical Research & Cancer Institute)

> NCLT judgment dated 2024-01-12. Citation: TCN-2024-NCLT-03073. The case involves an application under Section 9 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 12 Jan 2024
- **Citation:** TCN-2024-NCLT-03073
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/akansha-medicare-pvt-ltd-lifeline-medical-research-cancer-institute-70401650

## Summary

### Background

The case involves an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, by DIPY ENTERPRISE (Operational Creditor) against LIFELINE MEDICAL RESEARCH & CANCER INSTITUTE (Corporate Debtor) for failure to pay an operational debt. The Operational Creditor supplied medicines to the Corporate Debtor, who allegedly failed to pay the outstanding amount. The Corporate Debtor received payment from the Health Department, Government of West Bengal under the Swasthya Sathi Scheme but did not pay the Operational Creditor.

## Facts

DIPY ENTERPRISE (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against LIFELINE MEDICAL RESEARCH & CANCER INSTITUTE (Corporate Debtor) for non-payment of operational debt. The Operational Creditor supplied medicines to the Corporate Debtor. The Corporate Debtor placed orders for medicines by issuing 'medicine slips'. The Operational Creditor claims the Corporate Debtor owes Rs. 1,04,71,741/-. The Corporate Debtor acknowledged receipt of the medicines. The Corporate Debtor received payment under the Swasthya Sathi Scheme from the Government of West Bengal but allegedly did not pay the Operational Creditor. The Operational Creditor issued a legal notice on 21.02.2022, which was disputed by the Corporate

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## Issues and analysis

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

**Ratio:** The claim must bear nexus with the invoices attached as due for payment as per Section

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**Reasoning:** The court found that the invoices attached to the application were for February and March

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**Interpretation:** Section 5(21) of the I&B Code requires a clear connection between the claim

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**Application:** Since the invoices attached did not correspond to the period for which the

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## Parties

- **Judges:** BIDISHA BA…; D. Ar…
- **Appellants:** DIPY ENTE…
- **Respondents:** LIFELINE MEDICAL…

## Timeline

- **2022-02-21 — Legal Notice…**: Operational Creditor issued a legal notice to the Corporate Debtor calling for payment of…
- **2022-05-18 — Commercial Mediation…**: Operational Creditor filed a commercial mediation for amicable settlement of the dispute…

## 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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