# In the matter of Suasth Health Care Foundation

> NCLT judgment dated 2024-04-26. Citation: TCN-2024-NCLT-01563. The case involves an application by M/s. BCL Secure Premises Pvt. Ltd. (Applicant) seeking the…

- **Court:** NCLT
- **Order date:** 26 Apr 2024
- **Citation:** TCN-2024-NCLT-01563
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/suasth-health-care-foundation-382611e4

## Summary

### Background

The case involves an application by M/s. BCL Secure Premises Pvt. Ltd. (Applicant) seeking the National Company Law Tribunal (NCLT) to direct the Resolution Professional to clear dues of Rs. 88,18,503.68, along with 18% interest, for services rendered to Suasth Health Care Foundation (Corporate Debtor) both before and after the initiation of the Corporate Insolvency Resolution Process (CIRP). The CIRP was initiated on August 31, 2021, and a resolution plan has been approved by the Adjudicating Authority.

## Facts

M/s. BCL Secure Premises Pvt. Ltd. (Applicant) provided security and housekeeping services to Suasth Health Care Foundation (Corporate Debtor). The CIRP was initiated against the Corporate Debtor on August 31, 2021, with Mr. Ravi Sethia appointed as Resolution Professional. The Applicant claims dues of Rs. 88,18,503.68 for services rendered both before and after the CIRP initiation. The Applicant filed a claim for Rs. 60,69,586 as an Operational Creditor. The Resolution Professional admitted a claim of Rs. 60,58,378 for the period prior to CIRP. The Applicant continued providing services after the CIRP initiation, raising invoices for Rs. 23,70,727. A resolution plan has been approved by the Adjudicating Authority. The Resolution Professional assured that the dues for

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## Issues and analysis

### Issue 1: Whether the dues of the Applicant for services rendered to the Corporate Debtor prior to the …

**Ratio:** Claims filed by creditors of the Corporate Debtor are to be paid in accordance with the

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**Reasoning:** The court relied on the Supreme Court's decision in Ghanashyam Mishra and Sons (P) Ltd.

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**Interpretation:** This means that any claims for services rendered before the CIRP initiation, if

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**Application:** The admitted claim of Rs. 60,58,378 for the period prior to CIRP will be paid

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## Parties

- **Judges:** BIDISHA BA…; ARVIND DEVA…
- **Appellants:** M/s. BCL Secure…
- **Respondents:** Suasth Health…

## Timeline

- **2021-08-31 — CIRP Init…**: The Tribunal initiated the Corporate Insolvency Resolution Process (CIRP) in respect of…
- **2021-09-07 — Claim Fi…**: The Applicant filed its claim for a sum of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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