# In the matter of VLCC Health Care Limited

> NCLT judgment dated 2023-11-02. Citation: TCN-2023-NCLT-00881. The Operational Creditor, M/s. Khanuja Enterprises, filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 2 Nov 2023
- **Citation:** TCN-2023-NCLT-00881
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vlcc-health-care-limited-64ca1af2

## Summary

### Background

The Operational Creditor, M/s. Khanuja Enterprises, filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, M/s. VLCC Heath Care Limited. The Operational Creditor aimed to declare a moratorium and appoint an Interim Resolution Professional (IRP). The application was filed due to alleged unpaid dues for rental services provided by the Operational Creditor to the Corporate Debtor under a 'Lease Agreement' and 'Infrastructure and Facility Agreement'. The Corporate Debtor is registered with ROC, NCT of Delhi & Haryana.

## Facts

M/s. Khanuja Enterprises, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. VLCC Heath Care Limited, the corporate debtor. The operational creditor claimed that the corporate debtor owed them money for rental services provided under a 'Lease Agreement' and 'Infrastructure and Facility Agreement'. The operational creditor raised invoices amounting to Rs. 2,14,16,567/-, of which the corporate debtor made a part payment of Rs. 47,46,402/-, leaving an outstanding principal amount of Rs. 1,66,70,165/-. The operational creditor issued a demand notice dated 29.08.2022 for Rs. 2,15,49,705/-. The corporate debtor contended that there were pre-existing

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## Issues and analysis

### Issue 1: Whether there were pre-existing disputes between the …

**Ratio:** A pre-existing dispute can be established through evidence of communication highlighting

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**Reasoning:** The Corporate Debtor submitted an email dated 31.03.2022, highlighting discrepancies in

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**Interpretation:** The existence of a pre-existing dispute is a valid ground for rejecting an

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**Application:** The email from the Corporate Debtor to the Operational Creditor, questioning

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## Parties

- **Judges:** BACHU VENKAT…; ATUL CHAT…
- **Appellants:** M/s. KHANUJA…
- **Respondents:** M/s. VLCC НЕАTH…
- **Advocates:** Pallavi Ti…; Pranav…

## Timeline

- **2018-06-06 — Infrastructure and…**: Date of the 'Infrastructure and Facility Management Agreement' which the Corporate Debtor…
- **2022-03-31 — Email from Corporate…**: The Corporate Debtor sent an email highlighting discrepancies in the ledger accounts…

## 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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