# In the matter of EHL Healthcare Private Limited CP (IB) No. 284-Chd-Hry-2019

> NCLT judgment dated 2022-02-03. Citation: TCN-2022-NCLT-04274. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 3 Feb 2022
- **Citation:** TCN-2022-NCLT-04274
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ehl-healthcare-private-limited-cp-ib-no-284-chd-hry-2019-697f2f87

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by M/s JK Viklang Kendra and Surgical House, an operational creditor, against EHL Healthcare Private Limited, the corporate debtor, for initiation of the Corporate Insolvency Resolution Process (CIRP) due to unpaid operational debt. The operational creditor supplied clinical and surgical products to the corporate debtor, for which invoices were raised and acknowledged. The petitioner claimed a default amount of Rs. 3,21,100/-, inclusive of interest, with the default occurring between 08.05.2018 and the date of the petition. A demand notice in Form 3 dated 03.05.2019 was issued to the corporate debtor.

## Facts

M/s JK Viklang Kendra and Surgical House (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 against EHL Healthcare Private Limited (Corporate Debtor) for unpaid operational debt. The Operational Creditor supplied clinical and surgical products to the Corporate Debtor, raising invoices that were duly received and acknowledged. The claimed default amount is Rs. 3,21,100/-, inclusive of 24% interest p.a., with the default occurring between 08.05.2018 and the petition date. A demand notice in Form 3 dated 03.05.2019 was issued to the Corporate Debtor via registered post and delivered. The Corporate Debtor argued the claimed amount was incorrect due to accounting mismatches and financial distress. The Operational Creditor

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## Issues and analysis

### Issue 1: Whether the demand notice in Form 3 …

**Ratio:** A demand notice is considered duly served if it has been delivered to the corporate

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**Reasoning:** The tracking report mentioned at Page 38 of the main petition confirms that the demand

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**Interpretation:** The legal interpretation is that if a tracking report confirms delivery, the

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**Application:** Since the tracking report confirmed delivery of the demand notice, the

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** JOGINDER…
- **Respondents:** EHL Healthcare…
- **Advocates:** SP Singh…; Devansh K…; +1 more

## Timeline

- **2014-09-18 — Incorporation of…**: EHL Healthcare Private Limited was…
- **2018-05-08 — Date of D…**: The default occurred on various dates…

## 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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