# In the matter of Unakoti Nursing Care Private Limited

> NCLT judgment dated 2023-12-11. Citation: TCN-2023-NCLT-00324. Cipaca Healthcare Services Private Limited, the Operational Creditor, filed a company petition…

- **Court:** NCLT
- **Order date:** 11 Dec 2023
- **Citation:** TCN-2023-NCLT-00324
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/unakoti-nursing-care-private-limited-9c14b039

## 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 was for a sum of Rs. 1,19,65,323, comprising a principal amount of Rs. 1,03,41,994 and interest of Rs. 16,23,329. The Operational Creditor provided comprehensive medical services to the Corporate Debtor under an agreement dated 24th June 2021, with subsequent addenda. Defaults in payment for these services 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

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## Facts

Cipaca Healthcare Services Private Limited (Operational Creditor) provided comprehensive medical services to Unakoti Nursing Care Private Limited (Corporate Debtor) under an agreement dated 24th June 2021. The services included Intensive Care Unit, Acute Care, Medical and Paramedical Services, Emergency Services, Super Speciality Services, ICU Administration & Biling, Guest Relations, ICU Nursing Services, Technician Backup, and Transport of Sick Patients. The Corporate Debtor defaulted on payments for these services, with defaults commencing in August 2021 and ending in September 2022. The total outstanding amount was Rs. 1,19,65,323, including principal and interest. The Operational Creditor issued demand notices in Form No. 3 to the Corporate Debtor and its

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

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

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**Reasoning:** The Tribunal found that the application filed by the Operational Creditor was complete

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP if a valid

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**Application:** In this case, the Operational Creditor's application was deemed complete as it

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## Parties

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

## Timeline

- **2021-06-24 — Agreement…**: Agreement between Cipaca Healthcare Services Pvt. Ltd. and Unakoti Nursing Care Private…
- **2021-08-01 — Default Comme…**: Defaults in payment by Unakoti…

## 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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