# In the matter of Atlanta Mediworld Pvt. Ltd. CP No. (IB) 78-ALD-2020

> NCLT judgment dated 2023-02-17. Citation: TCN-2023-NCLT-04539. The application was filed by Dr. Ankush Garg, the Operational Creditor, under Section 9 of the…

- **Court:** NCLT
- **Order date:** 17 Feb 2023
- **Citation:** TCN-2023-NCLT-04539
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/atlanta-mediworld-pvt-ltd-cp-no-ib-78-ald-2020-79e57669

## Summary

### Background

The application was filed by Dr. Ankush Garg, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, Atlanta Mediworld Pvt. Ltd. The Operational Creditor, a doctor, provided medical services as a consultant to the Corporate Debtor. The Corporate Debtor conducted a walk-in interview and appointed the Operational Creditor as a consultant in Internal Medicine, effective from 27.09.2018. The Corporate Debtor assured a fixed amount of Rs. 50,000/- per month along with variables based on consultant fees from OPD, ECHS, and CGHS patients.

## Facts

Dr. Ankush Garg, an Operational Creditor and a doctor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Atlanta Mediworld Pvt. Ltd., the Corporate Debtor. Dr. Garg provided medical services to the Corporate Debtor as a consultant. He was appointed as a consultant in Internal Medicine effective from 27.09.2018, with an agreed-upon compensation structure including a fixed monthly amount of Rs. 50,000 and variable components based on fees from OPD, ECHS, and CGHS patients. The Corporate Debtor made payments until October 2018, after which payments were delayed. Dr. Garg resigned on 01.06.2019, but continued working until 31.07.2019 at the request of the management.

…

## Issues and analysis

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

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, outlines the requirements for an

…

**Reasoning:** The tribunal noted that the application filed under Section 9 was complete and complied

…

**Interpretation:** The completeness of the application is crucial for initiating the CIRP. It

…

**Application:** In this case, the tribunal found that the application filed by the Operational

…

## Parties

- **Judges:** Sh. Praveen…; Sh. Ashish…
- **Appellants:** ANKUSH…
- **Respondents:** ATLANTA MEDIWORLD…

## Timeline

- **2018-09-27 — Appointment of…**: Operational Creditor appointed as…
- **2018-10-01 — Payment D…**: Payments from the Corporate Debtor…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/atlanta-mediworld-pvt-ltd-cp-no-ib-78-ald-2020-79e57669