Dr. Ghanshyam Bhambhani Suspended Managing Director of Cardiac Care And Allied Health Pvt. Ltd Vs Ace Cardiopathy Solutions Pvt. Ltd. & Anr (NCLAT Delhi)
NCLAT Delhi held that matter regarding admission of application filed under section 9 of the Insolvency and Bankruptcy Code is required to be remanded back for fresh consideration existence of pre-existing dispute based on additional affidavit submitted.
Facts- This appeal is directed against the order dated 11.09.2024, passed by the NCLT, Jaipur by which CP (IB) No. 19/JPR,2023 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Operational Creditor, namely, Ace Cardiopathy Solutions Pvt. Ltd. for the resolution of its debt against the Corporate Debtor, namely, Cardiac Care and Allied Health Pvt. ltd. has been admitted and Satendra Prasad Khorania was appointed as the Interim Resolution Professional (IRP).
Conclusion- In our considered opinion, once the letter dated 28.08.2022 has been brought on record by way of an additional affidavit and the copy of the affidavit was given to the OC which is not denied, Respondent should have come forward to contest the said affidavit and the letter dated 28.08.2022 and the Tribunal should have taken into consideration the said letter dated 28.08.2022 to determine as to whether because of the letter dated 28.08.2022 there was any pre-existing dispute between the parties for denying the admission of the application filed under Section 9 of the Code, therefore, there is an error in the impugned order of not considering not only the letter dated 28.08.2022 but also the letters dated 18.08.2022, 09.09.2022 and 09.12.2022 which are the basis for the letter written by the CD on 28.08.2022 in which the CD had raised the issue regarding the goods supplied to the hospital by the OC and which was pointed out repeatedly by Government vide their letter dated 18.08.2022, 09.09.2022 and 09.12.2022.
