# In the matter of B.P. Poddar Hospital and Medical Research Limited C.P. (IB)-690(KB)2020

> NCLT judgment dated 2022-05-06. Citation: TCN-2022-NCLT-02832. The case involves a claim by an Operational Creditor against B.P. Poddar Hospital and Medical…

- **Court:** NCLT
- **Order date:** 6 May 2022
- **Citation:** TCN-2022-NCLT-02832
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bp-poddar-hospital-and-medical-research-limited-cp-ib-690kb2020-1c04dd44

## Summary

### Background

The case involves a claim by an Operational Creditor against B.P. Poddar Hospital and Medical Research Limited. The principal claim amount is Rs.78,945/-.

## Facts

The Operational Creditor filed a claim against B.P. Poddar Hospital and Medical Research Limited. The principal claim amount was Rs.78,945/-. The court noted that this amount is below the threshold limit of Rs.1,00,000/-. This fact is crucial because the maintainability of the petition depends on meeting this threshold. The Authorized Representative for the Operational Creditor and the Counsel for the Corporate Debtor were present during the hearing.

## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor is maintainable given that the principal …

**Ratio:** A petition is not maintainable if the principal claim amount is below the prescribed

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**Reasoning:** The court reasoned that the law sets a minimum threshold for the maintainability of

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**Interpretation:** The interpretation of the law is that there is a minimum financial threshold

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** RohitKa…; Harish Chander…
- **Appellants:** Shivam Pharmaceuti…
- **Respondents:** B.P. Poddar…

## Timeline

- **2022-05-06 — Hearing…**: Attendance-cum-order sheet of the…

## 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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