# In the matter of Healthcare Associates Private Limited IA(I.B.C)-430(KB)2021 in C.P.(IB) No. 41-KB-2021

> NCLT judgment dated 2023-03-23. Citation: TCN-2023-NCLT-04079. The case involves an application filed by Healthcare Associates Private Limited (Corporate…

- **Court:** NCLT
- **Order date:** 23 Mar 2023
- **Citation:** TCN-2023-NCLT-04079
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/healthcare-associates-private-limited-iaibc-430kb2021-in-cpib-no-41-kb-2021-09830da2

## Summary

### Background

The case involves an application filed by Healthcare Associates Private Limited (Corporate Debtor/Applicant) against India Medtronic Private Limited (Respondent No.1/Operational Creditor) under Section 65 of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the National Company Law Tribunal Rules, 2016. The applicant alleges perjury by Sanjay Mitra, the Zonal Sales Manager of the respondent, who affirmed the affidavit supporting the Section 9 Application. The core dispute arises from a Non-Exclusive Distribution Agreement between the parties, where the applicant claims that the respondent is misusing old blank cheques given as security to manufacture a purported admission of liability.

## Facts

In 2015, Healthcare Associates Private Limited (Applicant/Corporate Debtor) and India Medtronic Private Limited (Respondent No.1/Operational Creditor) entered into a Non-Exclusive Distribution Agreement, effective from 25.04.2015 until 28.04.2017, where the Respondent No.1 appointed the Applicant as its non-exclusive distributor. The agreement was extended by one year. The Applicant initially made timely payments but became irregular after October 2017. The Applicant furnished an Undertaking cum Indemnity Bond dated 17.08.2018, admitting to owing Rs.3,31,81,042/-. The Applicant issued three cheques between February 9, 2018, and April 5, 2018, totaling Rs.3,21,20,236/-, but the Respondent No.1 alleges that these cheques were dated 07.02.2019 and were dishonored due to

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## Issues and analysis

### Issue 1: Whether the statements made by the Respondent No. 1 and its representative in the Section 9 …

**Ratio:** The ratio is based on the principle that to order prosecution for perjury, there must be

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**Reasoning:** The court reasoned that a detailed hearing was necessary to determine whether the alleged

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**Interpretation:** The interpretation involves examining the provisions of Section 193 of the

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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…; Balraj…
- **Respondents:** Healthcare…; India Medtronic…

## Timeline

- **2015-04-25 — Non-Exclusive…**: Healthcare Associates Private Limited and India Medtronic Private Limited entered into a…
- **2017-04-28 — Original End Date of…**: The Non-Exclusive Distribution Agreement was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 65 — Fraudulent or malicious initiation of proceedings](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-65)

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