# In the matter of Greater Kailash Hospitals Pvt. Ltd.

> NCLT judgment dated 2025-12-12. Citation: TCN-2025-NCLT-01882. The case involves an application under Section 60(5)(c) of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 12 Dec 2025
- **Citation:** TCN-2025-NCLT-01882
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-indore/greater-kailash-hospitals-pvt-ltd-31cc6cec

## Summary

### Background

The case involves an application under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016, seeking directions for the Resolution Professional (RP) of the Corporate Debtor to consider and admit the applicant's claim.

## Facts

Kamlesh Agrawal advanced Rs. 5,00,000 to Greater Kailash Hospitals Pvt Ltd in June 2018.

A cheque (No. 800567 dated 07.02.2022) was issued by the Corporate Debtor towards repayment but was dishonored.

A notice dated 24.02.2022 was issued to the Corporate Debtor after the cheque was dishonored.

Complaint no. SCNIA/2258/2022 under section 138 of the Negotiable Instrument Act was filed before the district court, Indore.

Demand Draft No. 000056 dated 20.02.2024 for Rs. 50,000/- was handed over towards part payment, and a further demand draft of Rs. 30,000 was also deposited.

CIRP was initiated against the Corporate Debtor on 30.07.2024, and the applicant filed his claim in Form-C on 03.10.2024.

The applicant's name was not reflected in the list of creditors on the IBBI website.

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## Issues and analysis

### Issue 1: Whether the claim submitted by the Applicant is liable to be admitted in the CIRP of the Corporate …

**Ratio:** The Tribunal considered the documents and submissions, including the cheque, demand

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**Reasoning:** The Tribunal noted the issuance of the cheque creates a statutory presumption under

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**Interpretation:** The Tribunal found that the material placed before it was insufficient to

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**Application:** The Tribunal directed the RP to reconsider the claim after granting a

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## Parties

- **Judges:** Brajendra Mani…; Man Mohan…
- **Appellants:** Kamlesh A…
- **Respondents:** Greater Kailash…; Chaya Gupta RP…
- **Other parties:** Chaya G…; Mangesh Vitthal…; +1 more
- **Advocates:** Pratik Tr…; Rhytham…

## Timeline

- **2018-06-01 — Loan Adv…**: Kamlesh Agrawal advanced Rs. 5,00,000 to…
- **2022-02-07 — Cheque I…**: Cheque No. 800567 was issued by 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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