# In the matter of Arav Healthcare Infra Private Limited CP (IB) No.4610-MB-IV-2019

> NCLT judgment dated 2023-02-24. Citation: TCN-2023-NCLT-04463. The case originates from a Company Petition filed by Erbe Medical India Private Limited, the…

- **Court:** NCLT
- **Order date:** 24 Feb 2023
- **Citation:** TCN-2023-NCLT-04463
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/arav-healthcare-infra-private-limited-cp-ib-no4610-mb-iv-2019-65422406

## Summary

### Background

The case originates from a Company Petition filed by Erbe Medical India Private Limited, the Operational Creditor, under Section 9 of the Insolvency & Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Arav Healthcare Infra Private Limited, the Corporate Debtor. The Operational Creditor claimed a total sum of Rs. 89,04,924.60, including a principal amount of Rs. 62,08,585.34 and interest of Rs. 26,93,669.26 at 18% from the due date until 28.11.2019. The invoices were raised between February 24, 2017, and April 25, 2018. The Corporate Debtor denied liability, claiming full payment and raising disputes regarding account reconciliation.

## Facts

Erbe Medical India Private Limited (Operational Creditor) filed a petition against Arav Healthcare Infra Private Limited (Corporate Debtor) under Section 9 of the Insolvency & Bankruptcy Code, 2016, seeking to initiate CIRP. The Operational Creditor claimed Rs. 89,04,924.60, including Rs. 62,08,585.34 as principal and Rs. 26,93,669.26 as interest at 18% from the due date until 28.11.2019, based on 18 invoices issued between 24th February 2017 and 25th April 2018. The Operational Creditor also issued credit notes for Rs. 42,67,438.12. A Demand Notice in Form-III was issued on 21.06.2019. The Corporate Debtor denied liability, claiming full payment and requesting reconciliation, also demanding E-1 Forms and Airway bills. The Corporate Debtor submitted a detailed

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## Issues and analysis

### Issue 1: Whether the Company Petition filed by the Operational Creditor is maintainable under Section 9 of …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The Tribunal considered the evidence presented by both parties, including invoices,

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**Interpretation:** Section 9 provides the mechanism for operational creditors to recover

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**Application:** The Tribunal found that the Operational Creditor had met the requirements of

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## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…
- **Appellants:** Erbe Medical…
- **Respondents:** Arav Healthcare…
- **Advocates:** K Vasuv…; Dhruva G…

## Timeline

- **2017-02-24 — Invoice Perio…**: Invoices were raised…
- **2018-04-25 — Invoice Per…**: Invoices were raised…

## 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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