# In the matter of Nayati Healthcare & Research Private Limited

> NCLT judgment dated 2023-12-22. Citation: TCN-2023-NCLT-00025. The case involves an appeal against an order of the Adjudicating Authority regarding a…

- **Court:** NCLT
- **Order date:** 22 Dec 2023
- **Citation:** TCN-2023-NCLT-00025
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/nayati-healthcare-research-private-limited-af0ac434

## Summary

### Background

The case involves an appeal against an order of the Adjudicating Authority regarding a pre-existing dispute between Mistcold Sales & Services Private Limited (Operational Creditor/Appellant) and Nayati Healthcare & Research Private Limited (Corporate Debtor/Respondent). The Adjudicating Authority had dismissed the petition based on the existence of a pre-existing dispute. The Hon'ble NCLAT, New Delhi, vide its order dated 17.10.2023, set aside the Adjudicating Authority's order and remanded the case back to the Adjudicating Authority.

## Facts

Mistcold Sales & Services Private Limited (Appellant/Operational Creditor) filed an application against Nayati Healthcare & Research Private Limited (Respondent/Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Appellant claimed that the Respondent owed Rs. 7,37,43,278/-, out of which Rs. 6,86,18,779/- had been paid, leaving a difference of Rs. 57,24,195/-. The Appellant also claimed interest of Rs. 19,04,390/-, bringing the total amount sought to Rs. 76,28,585/-. The Adjudicating Authority dismissed the petition based on the existence of a pre-existing dispute. However, the Respondent had issued a completion certificate dated 27.12.2017, stating that the Appellant had successfully completed and commissioned the HVAC works for a

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## Issues and analysis

### Issue 1: Whether a pre-existing dispute existed between Mistcold Sales & Services Private Limited and …

**Ratio:** The law requires the applicant to demonstrate debt and default for the initiation of

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**Reasoning:** The court reasoned that the Respondent's claim of a pre-existing dispute was contradicted

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**Interpretation:** The interpretation of the law emphasizes the importance of demonstrating a

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**Application:** In this case, the Respondent's issuance of a completion certificate on

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## Parties

- **Judges:** Harnam Singh…; L. N. G…
- **Appellants:** Mistcold Sales &…
- **Respondents:** Nayati Healthcare…

## Timeline

- **2019-09-16 — Order of Adjudicating…**: The Adjudicating Authority dismissed the petition based on the existence of a…
- **2023-10-17 — Order of…**: The Hon'ble NCLAT set aside the Adjudicating…

## 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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