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

> NCLT judgment dated 2024-01-12. Citation: TCN-2024-NCLT-03078. 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-03078
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/akansha-medicare-pvt-ltd-lifeline-medical-research-cancer-institute-9ae2ac4f

## 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 failing 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 was given several chances to defend the claim of 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 based on 'medicine slips' which served as purchase orders. The Operational Creditor claimed that the Corporate Debtor owed Rs. 1,04,71,741/-. The Corporate Debtor acknowledged the receipt of medicines. The Operational Creditor submitted invoices as part of the application. The Corporate Debtor did not reply to the Section 8 notice issued by the Operational Creditor. The Corporate Debtor received payment from the Health Department, Government of West Bengal under the

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## Issues and analysis

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

**Ratio:** The paramount and operative requirement of Section 5(21) of the I&B Code to

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

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**Interpretation:** Section 5(21) of the I&B Code defines 'Operational Debt' and requires a

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**Application:** In this case, the court found that the invoices attached to the application did

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## Parties

- **Judges:** BIDISHA BA…; D. Ar…
- **Appellants:** M/S DIPY ENTERPRIS…
- **Respondents:** M/S LIFELINE…

## Timeline

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