# In the matter of Yashomati Hospitals Pvt. Ltd. I.A. No. 14 of 2022 in C.P. (IB) No. 144-BB-2017

> NCLT judgment dated 2022-05-30. Citation: TCN-2022-NCLT-02546. The case involves an application (I.A. No.14 of 2022) filed by Dr. Gopala Krishnan M.S and Ms.…

- **Court:** NCLT
- **Order date:** 30 May 2022
- **Citation:** TCN-2022-NCLT-02546
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/yashomati-hospitals-pvt-ltd-ia-no-14-of-2022-in-cp-ib-no-144-bb-2017-013896fb

## Summary

### Background

The case involves an application (I.A. No.14 of 2022) filed by Dr. Gopala Krishnan M.S and Ms. Uma Gopala Krishnan against the Resolution Professional of Corporate Debtor-M/s. Yashomati Hospitals Private Limited. The applicants sought the admission of their claims and confirmation of their status as Operational Debtors under Section 5(2) of the IBC. The applicants claimed that they were partners in Aayug Multispecialty Hospital and had an agreement with the Corporate Debtor, where they were to acquire shares and be appointed as officers. They claimed dues from the Corporate Debtor.

## Facts

Dr. Gopala Krishnan M.S and Ms. Uma Gopala Krishnan, partners in Aayug Multispecialty Hospital, filed a claim against Yashomati Hospitals Private Limited, the Corporate Debtor, seeking recognition as operational creditors for unpaid dues. They based their claim on a term sheet agreement where they were to acquire shares in the Corporate Debtor and be appointed as Chief Operating Officer (COO) and Medical Director, respectively. The applicants claimed amounts of Rs.1,00,84,270/-, Rs.1,12,90,000/-, and Rs.3,33,66,963/-. The Resolution Professional (RP) rejected their claims because the term sheet was unsigned by the Corporate Debtor and there was no board resolution approving their appointments. The applicants had also issued a legal notice, but it was not addressed to

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## Issues and analysis

### Issue 1: Whether the Resolution Professional was justified in rejecting the claims of the Applicants for …

**Ratio:** The Resolution Professional has the authority to reject claims if they are not supported

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**Reasoning:** The court reasoned that the Resolution Professional's decision was justified because the

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**Interpretation:** The interpretation is that claims against a Corporate Debtor must be supported

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**Application:** In this case, the Applicants' claims were rejected because the term sheet was

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## Parties

- **Judges:** Ajay Kumar…; Manoj Kumar…
- **Appellants:** Gopala Kris…
- **Respondents:** Yashomati…; RavindraB…
- **Advocates:** Srikant…; T. Ravi Ch…

## Timeline

- **2017-03-09 — Term Shee…**: Applicants and Partnership Firm entered into an Agreement with the Corporate Debtor and…
- **2017-03-10 — Appointment Or…**: Mrs. Uma Gopalakrishnan was appointed as the…

## 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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