# In the matter of VIVIN LABORATORIES PRIVATE LIMITED

> NCLT judgment dated 2026-02-05. Citation: TCN-2026-NCLT-00101. HDFC Bank filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 5 Feb 2026
- **Citation:** TCN-2026-NCLT-00101
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-hyderabad/vivin-laboratories-private-limited-f3d04b6b

## Summary

### Background

HDFC Bank filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, against M/s. Vivin Laboratories Pvt Ltd, the corporate guarantor, to initiate Corporate Insolvency Resolution Process (CIRP). The application pertains to a financial debt owed by M/s. Vivin Drugs & Pharmaceuticals Limited, for which M/s. Vivin Laboratories Pvt Ltd acted as a corporate guarantor.

## Facts

HDFC Bank, the financial creditor, filed an application under Section 7 of the IBC against M/s. Vivin Laboratories Pvt Ltd, the corporate guarantor.

M/s. Vivin Laboratories Pvt Ltd acted as a corporate guarantor for the financial assistance availed by M/s. Vivin Drugs & Pharmaceuticals Limited.

The initial sanction letter for credit facilities was issued on 26.04.2017, amounting to Rs. 6,437 lakhs.

The Corporate Debtor executed Letters of Continuing Guarantee guaranteeing repayment of the facilities availed by the Principal Borrower to the extent of Rs. 8,437 lakhs.

The Financial Creditor issued a Loan Recall-cum-Guarantee Invocation Notice dated 15.07.2024, calling upon the Principal Borrower and the Corporate Debtor to repay the outstanding dues.

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## Issues and analysis

### Issue 1: Whether the present Application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016, …

**Ratio:** The Hon'ble Supreme Court in BRS Ventures Investments Ltd. vs. SREI Infrastructure

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**Reasoning:** The Tribunal observed that the application was filed under Section 7 of the Code against

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**Interpretation:** The Tribunal interpreted the Supreme Court's ruling to mean that separate

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**Application:** The Tribunal applied the Supreme Court's ruling to the present case and held

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## Parties

- **Judges:** Rajeev Bh…; Sanjay…
- **Appellants:** HDFC Bank L…; HDFC…
- **Respondents:** M/s. Vivin…
- **Other parties:** HDFC Bank…; Chillale…
- **Advocates:** Shabbeer…; G Sum…; +2 more

## Timeline

- **2017-04-26 — Initial Sancti…**: Initial Sanction Letter dated 26.04.2017 was issued, whereby credit facilities…
- **2024-05-31 — NPA Decla…**: The principal borrower was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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