# Bank of India vs. Sukriti Hospital and Research Centre Private Limited

> NCLT judgment dated 2026-07-20. Citation: TCN-2026-NCLT-00648. Bank of India, a Financial Creditor, filed an application under Section 7 of the IBC against…

- **Court:** NCLT
- **Order date:** 20 Jul 2026
- **Citation:** TCN-2026-NCLT-00648
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/bank-of-india-vs-sukriti-hospital-and-research-centre-private-limited-cswzx

## Summary

### Background

Bank of India, a Financial Creditor, filed an application under Section 7 of the IBC against Sukriti Hospital and Research Centre Private Limited, the Corporate Debtor, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The Corporate Debtor had availed credit facilities for its hospital business, which were subsequently declared a Non-Performing Asset (NPA) on 31.05.2019 due to payment defaults. A Debt Recovery Tribunal (DRT) in Ranchi issued a recovery certificate on 14.02.2024 for the outstanding amount of Rs. 6,78,94,418.87. The Corporate Debtor disputed the debt, arguing that the underlying lease deed for the project land was void ab initio under the Chotanagpur Tenancy Act, rendering the project legally impermissible. They also alleged fraudulent

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## Facts

Bank of India (Financial Creditor) filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 against Sukriti Hospital and Research Centre Private Limited (Corporate Debtor).

The Corporate Debtor, Sukriti Hospital and Research Centre Private Limited, was incorporated on 28.02.2011.

Mr. Ashim Kumar was duly authorized to file the application on behalf of Bank of India.

The Corporate Debtor approached the Financial Creditor for credit facilities for its hospital business, as resolved by its Board of Directors on 12.03.2018.

Credit facilities were sanctioned by the Financial Creditor on 09.03.2018 and 01.08.2018, and enhanced on 13.08.2018.

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## Issues and analysis

### Issue 1: Whether the application filed by the Financial Creditor under Section 7 of the IBC is maintainable …

**Ratio:** An application under Section 7 of the IBC is maintainable if a financial debt and default

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**Reasoning:** The Financial Creditor provided extensive documentary evidence of credit facilities,

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**Interpretation:** Section 7(1) of the IBC allows a financial creditor to initiate CIRP when a

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**Application:** The NCLT found that the Financial Creditor successfully demonstrated the

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## Parties

- **Judges:** Labh S…; Rekha Kantilal…
- **Appellants:** Bank of…
- **Respondents:** Sukriti Hospital…
- **Other parties:** Surender Kumar…
- **Advocates:** Sanjana…; Urmila Chak…; +2 more

## Timeline

- **1906-09-07 — Incorporation of…**: Bank of India was…
- **2011-02-28 — Incorporation of…**: Sukriti Hospital and Research Centre…

## 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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