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In the Matter of: M/s. RNB Design Arc Systems v/s M/s. Trivitron Healthcare Private Limited


Company & Directors' Information:- R G S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110PB2004PTC047381

Company & Directors' Information:- R G S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110CH2004PTC027689

Company & Directors' Information:- P. H. HEALTHCARE PRIVATE LIMITED [Active] CIN = U33110MH2010PTC208651

Company & Directors' Information:- TRIVITRON HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110TN1998PTC040515

Company & Directors' Information:- B G P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232GJ2007PTC050417

Company & Directors' Information:- D R HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110GJ2006PTC048008

Company & Directors' Information:- M J HEALTHCARE PRIVATE LIMITED [Active] CIN = U93090PN2008PTC132455

Company & Directors' Information:- S J HEALTHCARE PRIVATE LIMITED [Active] CIN = U85190MH2005PTC153435

Company & Directors' Information:- G J HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110PB1998PTC021049

Company & Directors' Information:- ARC INDIA PRIVATE LTD [Strike Off] CIN = U63090WB1979PTC032222

Company & Directors' Information:- I M HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232CH2010PTC032454

Company & Directors' Information:- V AND V DESIGN PRIVATE LIMITED [Strike Off] CIN = U30007MH1994PTC079113

Company & Directors' Information:- R H DESIGN INDIA PRIVATE LIMITED [Active] CIN = U74999DL2006PTC144553

Company & Directors' Information:- K G HEALTHCARE LIMITED [Active] CIN = U85110TZ1995PLC006402

Company & Directors' Information:- C S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110GJ2012PTC070018

Company & Directors' Information:- M M HEALTHCARE LIMITED [Active] CIN = U74899DL1988PLC034339

Company & Directors' Information:- A L B HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85110UP2002PTC026786

Company & Directors' Information:- S B M HEALTHCARE (INDIA) PRIVATE LIMITED [Active] CIN = U33112DL2005PTC140703

Company & Directors' Information:- S A HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85100OR2014PTC018365

Company & Directors' Information:- AND HEALTHCARE LIMITED [Active] CIN = U51909PB2017PLC046446

Company & Directors' Information:- V-DESIGN PRIVATE LIMITED [Strike Off] CIN = U72900PY1996PTC001283

Company & Directors' Information:- D. S. HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232WB2007PTC115617

Company & Directors' Information:- B N HEALTHCARE PRIVATE LIMITED [Active] CIN = U15412AS2000PTC006258

Company & Directors' Information:- P AND B HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U24230GJ2013PTC075056

Company & Directors' Information:- M M D HEALTHCARE LIMITED [Active] CIN = U65921CH1996PLC017595

Company & Directors' Information:- HEALTHCARE SYSTEMS PRIVATE LIMITED [Strike Off] CIN = U99999MH1999PTC118326

Company & Directors' Information:- A AND R HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239DL1999PTC102404

Company & Directors' Information:- K. N. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85320RJ2018PTC061003

Company & Directors' Information:- R F B HEALTHCARE PRIVATE LIMITED [Active] CIN = U85190DL2021PTC384643

Company & Directors' Information:- M S HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239MH2001PTC130893

Company & Directors' Information:- R F DESIGN PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC136999

Company & Directors' Information:- G A S HEALTHCARE PRIVATE LIMITED [Active] CIN = U74999BR2018PTC038700

Company & Directors' Information:- L. J. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100HR2019PTC078493

Company & Directors' Information:- J. R. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85191UP2013PTC054982

Company & Directors' Information:- M A P H HEALTHCARE PRIVATE LIMITED [Under Process of Striking Off] CIN = U85100WB2010PTC144870

Company & Directors' Information:- N. C. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85191DL2007PTC164437

Company & Directors' Information:- N Y HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230GJ2010PTC063348

Company & Directors' Information:- H 4 HEALTHCARE PRIVATE LIMITED [Active] CIN = U15100MH2021PTC353283

Company & Directors' Information:- D. B. HEALTHCARE PRIVATE LIMITED [Active] CIN = U33205MH2014PTC253439

Company & Directors' Information:- DESIGN INDIA PVT. LTD. [Active] CIN = U74994WB1986PTC040731

Company & Directors' Information:- IN-DESIGN INDIA PVT LTD [Active] CIN = U74130MH1985PTC038072

Company & Directors' Information:- K S V HEALTHCARE PRIVATE LIMITED [Active] CIN = U85195HR2011PTC043767

Company & Directors' Information:- T A C DESIGN PRIVATE LIMITED [Active] CIN = U74994DL2004PTC128426

Company & Directors' Information:- N M HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110MH2000PTC125392

Company & Directors' Information:- T K HEALTHCARE (INDIA ) PRIVATE LIMITED [Strike Off] CIN = U85190MH2003PTC139346

Company & Directors' Information:- A R HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110CH2013PTC034820

Company & Directors' Information:- B AND V DESIGN PRIVATE LIMITED [Active] CIN = U02221DL1998PTC094219

Company & Directors' Information:- I P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239DL2003PTC121211

Company & Directors' Information:- A 2 Z HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100DL2010PTC208860

Company & Directors' Information:- K. D. HEALTHCARE INDIA PRIVATE LIMITED [Strike Off] CIN = U85100DL2015PTC281658

Company & Directors' Information:- C-DESIGN PRIVATE LIMITED [Active] CIN = U72200KL2005PTC018550

Company & Directors' Information:- ON. DESIGN PRIVATE LIMITED [Active] CIN = U74210KA2019PTC127392

Company & Directors' Information:- ARC SYSTEMS PRIVATE LIMITED [Strike Off] CIN = U51909TG1993PTC015388

Company & Directors' Information:- A P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230MH1999PTC122520

Company & Directors' Information:- DESIGN SYSTEMS PVT. LTD. [Strike Off] CIN = U72300RJ1991PTC006144

Company & Directors' Information:- K Y O S HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U51397HP2010PTC031280

Company & Directors' Information:- Z F HEALTHCARE PVT. LTD. [Active] CIN = U29295MH2006PTC164255

Company & Directors' Information:- RNB HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U74900RJ2014PTC046715

Company & Directors' Information:- K. B. B. K. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110RJ2013PTC041465

Company & Directors' Information:- T.H.E. HEALTHCARE COMPANY PRIVATE LIMITED [Strike Off] CIN = U33111MH2012PTC229451

Company & Directors' Information:- R. J. DESIGN PRIVATE LIMITED [Active] CIN = U74900PN2011PTC139815

Company & Directors' Information:- J S B HEALTHCARE PRIVATE LIMITED [Active] CIN = U74120MH2013PTC248848

Company & Directors' Information:- P N I DESIGN PRIVATE LIMITED [Active] CIN = U74120MH2014PTC255734

Company & Directors' Information:- J S D HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC046578

Company & Directors' Information:- S V T HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85100TZ2009PTC015287

Company & Directors' Information:- A N S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100HP2011PTC031745

Company & Directors' Information:- J M HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230CH2007PTC030943

Company & Directors' Information:- P R HEALTHCARE PRIVATE LIMITED. [Strike Off] CIN = U24231DL2003PTC120123

Company & Directors' Information:- R S M HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U24232DL2005PTC136255

Company & Directors' Information:- G C DESIGN PRIVATE LIMITED [Strike Off] CIN = U18101DL2012PTC233325

Company & Directors' Information:- B M DESIGN PRIVATE LIMITED [Strike Off] CIN = U51398DL1998PTC095282

Company & Directors' Information:- M H HEALTHCARE PRIVATE LIMITED [Active] CIN = U74999DL2016PTC289311

Company & Directors' Information:- N T HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100DL2012PTC241304

Company & Directors' Information:- R A HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85190DL2009PTC188221

Company & Directors' Information:- G & G HEALTHCARE PRIVATE LIMITED [Active] CIN = U51397HR2015PTC057293

Company & Directors' Information:- P D HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230GJ2004PTC045131

Company & Directors' Information:- L. V. G. HEALTHCARE PRIVATE LIMITED [Active] CIN = U24233GJ2006PTC047749

Company & Directors' Information:- J M A DESIGN COMPANY PRIVATE LIMITED [Active] CIN = U74210GJ2003PTC043234

Company & Directors' Information:- S H G HEALTHCARE PVT LTD [Strike Off] CIN = U85110WB1989PTC047231

Company & Directors' Information:- A +E DESIGN PVT. LTD. [Strike Off] CIN = U74140DL1989PTC037487

    CP No. 637/(IB)/CB of 2017

    Decided On, 24 November 2017

    At, National Company Law Tribunal Chennai

    By, THE HONOURABLE MR. CH. MOHD SHARIEF TARIQ
    By, JUDICIAL MEMBER

    For the Operational Creditor: K. Gaurav Kumar, PCS. For the Corporate Debtor: K. Shyam Sunder for P. Srinivasan, Counsels.



Judgment Text

Ch. Mohd Sharief Tariq, Member (J)

1. Under adjudication is CP/637/(IB)/CB/2017 that has been filed by the Operational Creditor under Section 9 of the Insolvency 85 Bankruptcy Code, 2016 (in short, ‘I&B Code, 2016’) r/w the Insolvency & Bankruptcy (Application to Adjudicating Authority Rules, 2016). The prayer made is to admit the Application, to initiate the Corporate Insolvency Resolution Process against the Corporate Debtor, declare moratorium and appoint Interim Resolution Professional (IRP) under the I&B Code.

2. Heard the representative for the Operational Creditor and Counsel for the Corporate Debtor and perused the record.

3. It is submitted by the representative for the Operational Creditor that the claim is made on the basis of the services that have been rendered by the Operational Creditor vide Work Order dated 28.03.2014, the copy of which is placed at page 21 of the typed set filed with the Application. The assigned work has been completed but some payments have not been made to the Operational Creditor. It is on record that the Operational Creditor has supplied and installed 90 Nos. of Fire Rated Doors at the factory of the Corporate Debtor which have been accepted by the Corporate Debtor. The notice of demand was issued by the Operational Creditor on 18.02.2017 which is placed at page 7 of the typed set filed with the Application, wherein an amount of Rs,8,97,659/- was claimed along with interest @ 18% as reflects from the annexure-1 to the notice, which is placed at page 10 of the Application. The Corporate Debtor has not given any reply to the Notice. The Operational Creditor has also complied with the provisions of Section 9 (3) (b) and (c) of the I&B Code, 2016. The Affidavit is placed at page 36 of the typed set filed with the Application, wherein it is stated that no notice of dispute has been given by the Corporate Debtor for the unpaid operational debt. The Bank Statement is also placed in the additional typed set filed with the Application, which is certified by M/s. Kotak Mahindra Bank.

4. The Counsel for the Corporate Debtor filed the counter and has raised two objections that the work assigned has been completed with a delay of 9 months and he has also disputed the interest part of the outstanding debt stating that there is no agreement forte payment of any interest. It has also been submitted by the Counsel for the Corporate Debtor that vide e-mail dated 12.01.2015, the Operational Creditor has claimed Rs.7,74,313.05p pending since October, 2014.

5. During the course of hearing, this Bench raised query that any notice was given to the Operational Creditor or any order was passed incorporating any condition for extension of the period for completion of work. The Counsel for the Corporate Debtor fairly admitted that there is no record to show that any notice was given or any order was passed incorporating any condition for extending the period for completion of the work assigned to the Operational Creditor.

6. The representative for the Operational Creditor submitted that the Corporate Debtor was under obligation to advance 10% of the total amount, but the same was not given to the Operational Creditor. The Corporate Debtor has advanced some amount i.e. below 10% of the total payment, on 25.04.2014. It has also been submitted by the representative of the Operational Creditor that the requirement of measurement/ specification for supply and fixation of doors was made available on 02.06.2014. The representative for the Operational Creditor has also explained the difference in relation to the amount mentioned in the e-mail dated 12.01.2015 and in the demand notice given on 18.02.2017, stating that at the time when e-mail was sent, the amount was shown as Rs.7,74,313.05p which did not include retention money, and when the demand notice was given under Section 8 of the I&B Code, 2016, the retention money i.e. 5% of the total amount was included in the demand notice dated 18.02.2017. The explanation that has been given by the representative of the Operational Creditor is plausible. The arguments submitted by the Counsel for the Corporate Debtor are devoid of merits and stand rejected.

7. From the documents placed on file and the arguments submitted, this Bench is satisfied that the Corporate Debtor defaulted in making payment of the outstanding debt claimed by the Operational Creditor. The Operational Creditor has fulfilled all the requirements of law. Therefore, CP/637/(TB)/CB/2017 is admitted and the commencement of the Corporate Insolvency Resolution Process is ordered, which ordinarily shall get completed within 180 days, reckoning from the day this order is passed.

8. The moratorium is hereby declared which shall have effect from the date of this Order till the completion of Corporate Insolvency Resolution Process, for the purposes referred to in Section 14 of the I&B Code, 2016. It is hereby ordered to prohibit all of the following, namely:

(a) The institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority;

(b) Transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein;

(c) Any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002);

(d) The recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor.

9. The supply of essential goods or services of the Corporate Debtor shall not be terminated or suspended or interrupted during moratorium per

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iod. The provisions of Sub-section (1) of Section 14 shall not apply to such transactions, as notified by the Central Government. 10. The Operational Creditor has not proposed the name of the IRP. Therefore, we direct the Registry to make a reference to the IBBI to recommend the name of the IRP within 10 days of the receipt of the reference. On receiving the recommendation of the IBBI, the Registry is directed to place the matter before this Bench for appointment of the IRP. 11. Accordingly, the Registry is directed to communicate this Order to the Operational Creditor and the Corporate Debtor. Order pronounced in open court.
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