# State Bank of India vs. Infutec Healthcare Limited

> NCLT judgment dated 2026-09-04. Citation: TCN-2026-NCLT-00917. State Bank of India (Financial Creditor) filed an application under Section 7 of the Insolvency…

- **Court:** NCLT
- **Order date:** 4 Sept 2026
- **Citation:** TCN-2026-NCLT-00917
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/state-bank-of-india-vs-infutec-healthcare-limited-l6r70

## Summary

### Background

State Bank of India (Financial Creditor) filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) against Infutec Healthcare Limited (Corporate Debtor) for initiating Corporate Insolvency Resolution Process (CIRP). The Corporate Debtor had availed various credit facilities, defaulted on repayments, and its account was classified as a Non-Performing Asset (NPA). A restructuring plan was approved, but the Corporate Debtor subsequently failed to comply with the revised repayment obligations, leading to the termination of the plan and a fresh default.

## Facts

C.P. (IB) No.1090/MB/2025 was filed on 01.09.2025 by State Bank of India (Financial Creditor) under Section 7 of the IBC against Infutec Healthcare Limited (Corporate Debtor).

The application was affirmed by Mr. Dheeraj Kumar, an authorised signatory of the Applicant, vide Letter of Authority dated 08.01.2025.

The amount claimed to be in default is Rs.85,13,89,351.55/- as per Part IV of the Application.

The date of default is stated as 25.10.2022, following the termination of a restructuring plan.

The Corporate Debtor's account was classified as NPA with effect from 24.09.2020.

Mr. Purusottam Behera, an Insolvency Professional, was proposed to act as the Interim Resolution Professional (IRP).

…

## Issues and analysis

### Issue 1: Whether the Section 7 application is …

**Ratio:** A Section 7 application is not barred by Section 10A of the IBC if the default relied

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**Reasoning:** The Corporate Debtor's account was classified as NPA on 24.09.2020, which falls within

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**Interpretation:** Section 10A prohibits the initiation of CIRP for defaults occurring during the

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**Application:** Given that the actionable default date of 25.10.2022 arose from the failure to

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## Parties

- **Judges:** NILESH S…; SAMEER…
- **Appellants:** State Bank of…
- **Respondents:** Infutec Healthcare…
- **Other parties:** Manohar Lal…; Vinod Kumar…; +3 more
- **Advocates:** Aishwarya…; Ajinkya Ku…

## Timeline

- **2010-06-01 — Initial Credit…**: The Financial Creditor initially sanctioned credit facilities aggregating to…
- **2010-07-28 — Financing and Security…**: The Corporate Debtor executed various financing and security documents, including…

## 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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