# In the matter of Unakoti Nursing Care Private Limited

> NCLT judgment dated 2023-12-11. Citation: TCN-2023-NCLT-00311. Cipaca Healthcare Services Private Limited, the Operational Creditor, filed a company petition…

- **Court:** NCLT
- **Order date:** 11 Dec 2023
- **Citation:** TCN-2023-NCLT-00311
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/unakoti-nursing-care-private-limited-97e598cb

## Summary

### Background

Cipaca Healthcare Services Private Limited, the Operational Creditor, filed a company petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Unakoti Nursing Care Private Limited, the Corporate Debtor. The claim amounted to Rs. 1,19,65,323, including principal and interest. The Operational Creditor provided comprehensive medical services to the Corporate Debtor under an agreement dated June 24, 2021, and subsequent addenda. Defaults in payment commenced in August 2021 and continued until September 2022.

## Facts

Cipaca Healthcare Services Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Unakoti Nursing Care Private Limited (Corporate Debtor). The Operational Creditor claimed a total debt of Rs. 1,19,65,323, comprising a principal amount of Rs. 1,03,41,994 and interest of Rs. 16,23,329. The debt arose from an agreement dated June 24, 2021, where the Operational Creditor provided comprehensive medical services to the Corporate Debtor. The default in payment commenced in August 2021 and continued until September 2022. The Operational Creditor issued demand notices in Form No. 3 to the Corporate Debtor and its directors, but received no response.

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the IBC is complete …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency

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**Reasoning:** The Tribunal observed that the Operational Creditor's claim exceeded the threshold limit

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**Interpretation:** Section 9 of the IBC requires the operational creditor to demonstrate that a

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**Application:** The Tribunal found that the Operational Creditor's application was complete and

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## Parties

- **Judges:** H.V. Subb…; ARVIND DEVA…
- **Appellants:** Cipaca Healthcare…
- **Respondents:** Unakoti Nursing…

## Timeline

- **2021-06-24 — Agreement…**: Operational Creditor and Corporate Debtor entered into an agreement for providing…
- **2021-08-01 — Default Comme…**: Default in payment by…

## 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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