# In the matter of Sambodhi Healthcare Private Limited

> NCLT judgment dated 2023-09-06. Citation: TCN-2023-NCLT-01754. The case pertains to an application filed under Section 59(7) of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 6 Sept 2023
- **Citation:** TCN-2023-NCLT-01754
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sambodhi-healthcare-private-limited-61de8bb9

## Summary

### Background

The case pertains to an application filed under Section 59(7) of the Insolvency and Bankruptcy Code, 2016, by the Liquidator of Sambodhi Healthcare Private Limited, which is under voluntary liquidation, for the dissolution of the Corporate Debtor. The NCLT is reviewing the application and has identified several inconsistencies and missing documents.

## Facts

Sambodhi Healthcare Private Limited is undergoing voluntary liquidation. An application was filed by the Liquidator, Mr. Ajay Kumar, under Section 59(7) of the Insolvency and Bankruptcy Code, 2016, for the dissolution of the company. The application was filed on 19/07/2022, but the affidavit verifying the application was affirmed on 02/08/2022. The affidavit at pages 131 and 132 was also affirmed on 02/08/2022. The Affidavit of Declaration of Solvency affirmed on 06/02/2020 was not annexed in original. The Minutes of the EoGM held on 03/03/2020 and the attendance sheet were not annexed. The liquidation account has a balance of Rs.55,778.54, which should be zero. The company possesses land in Ranchi District, and it is unclear whether the cash and bank balance have been

…

## Issues and analysis

### Issue 1: Whether the inconsistencies in the dates of filing the application and affirming the affidavit …

**Ratio:** The validity of a legal document depends on adherence to procedural requirements and

…

**Reasoning:** The NCLT observed that the application was filed on 19/07/2022, but the affidavit

…

**Interpretation:** The interpretation of procedural laws requires strict compliance with timelines

…

**Application:** In this case, the inconsistency in dates raises doubts about whether the

…

## Parties

- **Judges:** RohitKa…; Balraj…
- **Appellants:** Ajay K…
- **Respondents:** Sambodhi Healthcar…

## Timeline

- **2022-07-19 — Application Fi…**: Application filed on…
- **2022-08-02 — Affidavit Affirmation…**: Affidavit verifying the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 59(7) — Voluntary liquidation of corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-59)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sambodhi-healthcare-private-limited-61de8bb9