# In the matter of Secura Hospital Private Limited CP (IB) No. 202-MB-IV-2021

> NCLT judgment dated 2023-04-28. Citation: TCN-2023-NCLT-03560. This case involves an application filed by Dhurmisha Infrastructure Private Limited, the…

- **Court:** NCLT
- **Order date:** 28 Apr 2023
- **Citation:** TCN-2023-NCLT-03560
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/secura-hospital-private-limited-cp-ib-no-202-mb-iv-2021-ad7cb02e

## Summary

### Background

This case involves an application filed by Dhurmisha Infrastructure Private Limited, the Operational Creditor, against Secura Hospital Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code (I&B Code), 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a total of Rs.4,01,50,795/-, including principal and interest, for civil works related to the construction of a hospital. The Corporate Debtor denied the liability, alleging disputes regarding the enforceability of the agreement, the amount due, and the quality of work. The Corporate Debtor also claimed to have made excess payments and cited inconsistencies in the Operational Creditor's financial statements and demand

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## Facts

Dhurmisha Infrastructure Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Secura Hospital Private Limited (Corporate Debtor) for initiating Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed Rs.4,01,50,795/- (including principal of Rs.2,25,42,054/- and interest) for civil works done for the Corporate Debtor's hospital, based on an agreement dated 20th November, 2014. The Operational Creditor completed the work on 4th June, 2017, and handed over the building. The Corporate Debtor made payments totaling Rs.8,30,60,130/- against a total payable amount of Rs.10,56,02,184/-. The last payment was made on 28th February, 2018. The Operational Creditor issued a legal

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## Issues and analysis

### Issue 1: Whether there exists a pre-existing dispute between the Operational Creditor and the Corporate …

**Ratio:** The legal principle applied is that the Insolvency and Bankruptcy Code, 2016, is not

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**Reasoning:** The NCLT reasoned that the Corporate Debtor had raised several objections, including

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**Interpretation:** The interpretation is that a 'dispute' exists when there is a genuine

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**Application:** In this case, the Corporate Debtor's denial of liability, allegations of forged

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## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…
- **Appellants:** Dhurmisha…
- **Respondents:** Secura Hospital…

## Timeline

- **2021-01-28 — Application…**: C.P. (IB) No. 202/MB/C-IV/2021 filed by Mr. Ashok Dhirubahi Bhuva on behalf of the…
- **2020-08-25 — Board Reso…**: Operational Creditor filed Board Resolution…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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