# In the matter of BSR Super Speciality Hospitals Limited

> NCLT judgment dated 2024-01-03. Citation: TCN-2024-NCLT-03337. Dr. Arvind Prakash Savant, an operational creditor, filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 3 Jan 2024
- **Citation:** TCN-2024-NCLT-03337
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bsr-super-speciality-hospitals-limited-9e46a25e

## Summary

### Background

Dr. Arvind Prakash Savant, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against BSR Superspeciality Hospitals Limited, the corporate debtor, for initiating Corporate Insolvency Resolution Process (CIRP) due to unpaid salary arrears. The petitioner, a pediatrician, served as Medical Director until his resignation on 24.10.2018. Initially, his salary was Rs. 60,000 per month, later increased to Rs. 2,10,000. The respondent irregularly paid salaries from April 2016. A declaration agreement dated 04.06.2018 was made to clear arrears of Rs. 51,36,980 in five installments from June to October 2018, which the respondent failed to honor. The petitioner sent a statutory demand notice on 02.01.2019, claiming Rs.

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## Facts

Dr. Arvind Prakash Savant, a pediatrician, was appointed as the Medical Director of BSR Superspeciality Hospitals Limited on 25.07.2007. His monthly salary was initially Rs. 60,000 and later increased to Rs. 2,10,000. From April 2016, the hospital irregularly paid his salary. A declaration agreement dated 04.06.2018 was made, where the hospital agreed to clear arrears of Rs. 51,36,980 in five monthly installments from June to October 2018. Dr. Savant resigned on 25.09.2018, which was accepted on 24.10.2018. He sent a statutory demand notice on 02.01.2019, claiming Rs. 67,86,582 in unpaid salary. The hospital acknowledged the notice on 20.01.2019, requesting documents, which Dr. Savant provided on 08.02.2019. The hospital claimed the amount was disputed, asserting Dr.

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## Issues and analysis

### Issue 1: Whether there exists an 'operational …

**Ratio:** The pecuniary threshold for initiating CIRP under Section 4 of the IBC 2016, at the time

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**Reasoning:** The respondent admitted in the written counter that the amount payable is Rs.21,38,839/-,

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**Interpretation:** The Adjudicating Authority is not required to ascertain, investigate, or fix

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**Application:** Since the admitted amount itself is more than the threshold limit, the

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## Parties

- **Judges:** P. Moha…; KAUSHALENDRA…
- **Appellants:** Arvind Prakash…
- **Respondents:** BSR Superspecialit…

## Timeline

- **2007-07-25 — Appointment of…**: Dr. Arvind Prakash Savant was appointed as Medical Director of BSR Superspeciality…
- **2016-04-01 — Irregular Salary…**: The respondent started making irregular…

## 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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