# In the matter of DIVINE SUPER SPECIALITY HOSPITAL PRIVATE LIMITED

> NCLT judgment dated 2026-04-21. Citation: TCN-2026-NCLT-00403. Shalby Limited, an operational creditor, filed an application under Section 9 of the IBC, 2016,…

- **Court:** NCLT
- **Order date:** 21 Apr 2026
- **Citation:** TCN-2026-NCLT-00403
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/divine-super-speciality-hospital-private-limited-aa076f1b

## Summary

### Background

Shalby Limited, an operational creditor, filed an application under Section 9 of the IBC, 2016, seeking initiation of CIRP against Divine Super Speciality Hospital Private Limited, the corporate debtor, due to an outstanding balance of Rs. 1,36,11,536.03.

## Facts

Shalby Limited, the applicant, is an operational creditor.

Divine Super Speciality Hospital Private Limited is the corporate debtor.

The operational debt is Rs. 1,36,11,536.03 as of 28.03.2025.

The debt arose from a Franchise License Agreement dated 27th June 2023.

The applicant issued a demand notice under Section 8 of the IBC Code 2016 on 07th February 2025.

The Corporate Debtor failed to pay the outstanding dues despite repeated reminders and a demand notice.

The Corporate Debtor did not appear to contest the matter.

The applicant proposed the name of Ashok Kumar Agarwal as the Resolution Professional.

The default is deemed to have been authenticated disputed by the Corporate Debtor.

## Issues and analysis

### Issue 1: Whether the application under Section 9 …

**Ratio:** An application under Section 9 of the IBC Code 2016 is acceptable so long as the

…

**Reasoning:** The Tribunal noted that the operational debt exceeded the threshold limit and the

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**Interpretation:** The provision allows for initiation of CIRP upon establishment of operational

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**Application:** The application was deemed maintainable as the operational debt and default

…

## Parties

- **Judges:** Labh S…; Rekha K…
- **Appellants:** Shalby Li…
- **Respondents:** Divine Super…
- **Other parties:** Ashok Kumar…
- **Advocates:** S.K. Si…

## Timeline

- **2023-06-27 — Franchise License…**: Date of Franchise License Agreement between Shalby Limited and Divine Super Speciality…
- **2025-02-07 — Demand N…**: Operational Creditor issued Demand Notice…

## 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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