# In the matter of Diyos Men's Health Centers Pvt. Ltd.

> NCLT judgment dated 2024-02-09. Citation: TCN-2024-NCLT-02692. GHV Advanced Care Pvt. Ltd. filed a petition under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 9 Feb 2024
- **Citation:** TCN-2024-NCLT-02692
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/diyos-mens-health-centers-pvt-ltd-e4d04e09

## Summary

### Background

GHV Advanced Care Pvt. Ltd. filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s Diyos Men's Health Centers Private Limited, claiming to be an operational creditor. The basis of the claim was an agreement dated 2021-03-11, where both parties agreed to jointly provide healthcare services. GHV Advanced Care alleged that Diyos Men's Health Centers defaulted on payments amounting to INR 1,19,70,302.04/-. The Adjudicating Authority initially admitted the application, leading to the initiation of CIRP against the Corporate Debtor.

## Facts

GHV Advanced Care Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the IBC, 2016, against M/s Diyos Men's Health Centers Pvt. Ltd. (Corporate Debtor) for defaulting on an operational debt. An agreement dated 2021-03-11 was executed between the parties to jointly provide healthcare services. GHV Advanced Care claimed that Diyos Men's Health Centers defaulted on payments amounting to INR 1,19,70,302.04/-. Diyos Men's Health Centers made ad-hoc payments to GHV Advanced Care against the bills. The agreement stipulated that GHV Advanced Care would be responsible for the final bill raised on the patient, in coordination with Diyos Men's Health Centers. Diyos Men's Health Centers was to discharge the patient upon collection of dues. The Corporate Debtor

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## Issues and analysis

### Issue 1: Whether the debt claimed by GHV Advanced Care Pvt. Ltd. falls under the category of 'operational …

**Ratio:** The court relied on the principle that an 'operational debt' arises from the provision of

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**Reasoning:** The court reasoned that the agreement between the parties indicated a joint effort in

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**Interpretation:** The court interpreted the agreement and the conduct of the parties to determine

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**Application:** The court applied the principle to the facts of the case, finding that the

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## Parties

- **Judges:** SH. ASHOK KUMAR…; SH. L. N.…
- **Appellants:** GHV Advanced Care…
- **Respondents:** M/s Diyos Men's…

## Timeline

- **2021-03-11 — Agreement…**: Agreement executed between GHV Advanced Care Pvt. Ltd. and M/s Diyos Men's Health Centers…
- **2022-03-11 — Agreement…**: Initial term 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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