# In the matter of Surabhi Hospitals Private Limited

> NCLT judgment dated 2025-04-08. Citation: TCN-2025-NCLT-00229. The case involves a Company Petition filed by Samruddhi Health Care, the Operational Creditor,…

- **Court:** NCLT
- **Order date:** 8 Apr 2025
- **Citation:** TCN-2025-NCLT-00229
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/surabhi-hospitals-private-limited-a3d9620b

## Summary

### Background

The case involves a Company Petition filed by Samruddhi Health Care, the Operational Creditor, against Surabhi Hospital Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claims a financial debt of Rs. 1,70,19,439/- with the date of default being 07.05.2023. The Operational Creditor provided pathology services to the Corporate Debtor based on a Memorandum of Understanding (MoU) dated 18.06.2019. The Operational Creditor assigned work to Lifeguard Medicos and Om Surgicals for supplying pharmaceutical and medical goods to the Corporate Debtor.

## Facts

Samruddhi Health Care, the Operational Creditor, filed a petition against Surabhi Hospital Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate CIRP. The claim is for Rs. 1,70,19,439/-, with a default date of 07.05.2023. The Operational Creditor provided pathology services based on an MoU dated 18.06.2019. Work was assigned to Lifeguard Medicos and Om Surgicals for supplying goods. The Corporate Debtor acknowledged liabilities of Rs. 47,40,877/- to Lifeguard Medicos and Rs. 48,53,170/- to Om Surgicals. Om Surgicals and Lifeguard Medicos assigned their receivables of Rs. 95,94,047/- to the Operational Creditor via a Deed of Assignment dated 21.09.2023. The Operational Creditor also claims a deposit of

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor is liable to pay the Operational Creditor the outstanding amount of …

**Ratio:** The principle is that if a corporate debtor acknowledges a debt in its books of accounts

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**Reasoning:** The Tribunal observed that the Corporate Debtor acknowledged the existing liability of

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**Interpretation:** This means that even if there are disputes regarding the underlying

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**Application:** The Corporate Debtor's acknowledgment of the debt in its ledger accounts and

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## Parties

- **Judges:** Sushil Mahadeorao…; Charanjeet Singh…
- **Appellants:** Samruddhi Health…
- **Respondents:** Surabhi Hospital…

## Timeline

- **2019-06-18 — Memorandum of…**: Corporate Debtor and Operational Creditor entered into a Memorandum of Understanding…
- **2023-04-28 — Reminder…**: Lifeguard Medicos sent a reminder letter to the Corporate Debtor for the outstanding…

## 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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