Sadashivam Balaji vs Cura Healthcare Pvt. Ltd

Sadashivam Balaji ...Appellant

Vs

Cura Healthcare Pvt. Ltd. ...Respondent

Present:

For Appellant: Mr. Anandh K. and Mr. Raunak Verma, Advocates.

For Respondent:

ORDER

16.12.2019: This appeal has been preferred by the Appellant against the

order dated 24th October, 2019 passed by the Adjudicating Authority (National

Company Law Tribunal), Division Bench, Chennai whereby application under

Section 9 preferred by Appellant for initiation of Corporate Insolvency Resolution

Process against M/s Cura Healthcare Pvt. Ltd. was dismissed.

2. Mr. K. Anandh, Learned counsel appearing on behalf of the Appellant

submits that subsequently another application under Section 9 against the same

Corporate Debtor has been admitted by the Adjudicating Authority, Division

Bench Chennai on 9th December, 2019 in 'R. Gomathi' Vs. 'Cura Healthcare

Private Limited'.

Company Appeal (AT) (Insolvency) No. 1452 of 2019 -2-

3. In the circumstances, there is no question of entertaining application

under Section 9 by any other Operational Creditor including the Appellant. The

Appellant may file its claim before the Interim Resolution Professional.

4. The appeal stands disposed of with aforesaid observation. No costs.

[Justice S. J. Mukhopadhaya] Chairperson

[Justice Bansi Lal Bhat] Member (Judicial)

[Justice Venugopal M.] Member (Judicial) am/gc

Company Appeal (AT) (Insolvency) No. 1452 of 2019