TaxTMI 
TaxTMI 
2025 (9) TMI 1545
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.... Care and Allied Health Pvt. ltd. has been admitted and Satendra Prasad Khorania was appointed as the Interim Resolution Professional (IRP). 2. At the time of preliminary hearing on 17.09.2024, this court had passed the following order:- "Ld. Counsel for the Appellant submits that the application under Section 9 was filed for an amount of Rs. 1,79,98,948.93/- plus interest. It is submitted that there was a pre-existing dispute since the issue was raised by the corporate debtor on 24.09.2022 to which a reply was also received on 26.09.2022 without addressing the issue. It is submitted that the corporate debtor is running a hospital and the payments in issue are only for five months' period and prior to that and subsequent to that all payments have been made to the supplier and due to certain issues regarding the payments, the payment was not made. It is submitted by Counsel for the Appellant that after receipt of the demand notice reply was also given on 03.03.2023 which is notice of dispute and hence the adjudicating authority ought not to admit the section 9 application. Submission needs scrutiny. Issue notice. Let Reply be filed within two w....
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....gs, the Appellant/CD filed an additional affidavit dated 21.03.2024 in which the letter dated 28.08.2022 was set up as defence as Annexure R11. The said affidavit is also reproduced as under:- 12. It is further submitted that the OC did not choose to file any counter to the aforesaid affidavit and the letter dated 28.08.2022 which was brought on record by an affidavit which also escape the notice of the Tribunal in which the Appellant has, in so many words, raised a dispute about the quality of the material being supplied by the OC to the CD. 13. It is argued by the Appellant/CD that had this letter been also taken into consideration a/w letters dated 18.08.2024, 09.09.2022 and 09.12.2022, the Tribunal would not have reached to the conclusion that defence set up by the Appellant/CD is a moon shine defence and has to be ignored. 14. On the other hand, Counsel for Respondent/OC has vehemently argued that there is no defect or error in the impugned order which calls for any interference by this court because the letter dated 24.09.2022 was duly replied by Respondent and the text of the letter dated 24.09.2022 is only in regard to the modality of the payment etc. and not regar....
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....determining as to whether the dispute raised by the Appellant was genuine or not. 19. 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. 20. In such circumstances, we feel that the ends of justice would meet if the impugne....
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....voice of the IVL Catheter casting Rs 3 Lakhs, la showing Lot Number in the sticker as A2111012 and matching with the Invoice with patient name as Dharam Pal, However, the same IVE Invoice with same Lot Number Is also shown for another patient Chhagan Kanwar in anetifer Claim ID as well ( Tb: 20954520 ). How it is possible to have sama stickers with same Lot Number in two different patients Invoices, who underwent PTCA with EVL in the same hospital. Hospital to give clarification for the same. Approver Remark Ponding . Need More Pocumenta Admission Admission Date 10/05/2022 14:20 Discharge Date 13/05/2022 15:05 CHEST PAIN SWEATING Admission Ailment Room Type General Room / Ward 213 Trusting Doctor(s) DR. PRAKASH CHANDWANI Net Claim Amount 503049 Diagnosis Sr.No | Type Diagnosis ACS, CAD-LAD-80% STENOSIS, RCA-60-70% STENOSIS, OCT GUIDED PTCA IVL 2 D.E. STENT TO LAD DONE K/C OF CAD, POST PTCA TO RCA(2012) ICD CODE: 2 24,9, 1 25.0, 2 95.5 ICD Code 1 Final 2 2 3 4 2 - Bill Details 22200951 Bil No. Bil Cate 13/05/2022 Expense (Admission/OPO Date is Mandatory) Document 2 Cardiac....
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....a different claim ID - 20954304. 4. Similarly, the uploaded documents for Mrs Bimla Devi bearing claim ID - 21230904 has the same ref and lot no on IVL invoice as that for Mr Ladu Singh having Claim ID no 21368251. 5. The same stickers with same Ref and Lot number cannot be used in two different invoices for two different patients. Since the IVL catheters are very costly consumables (Rs 3,00,000/- approx) and uploading of same stickers in different claim IDs may indicate malpractice by the hospital. 6. It is requested that a written clarification be sought from the hospital under reference in your RC jurisdiction regarding the irregularities brought out in para 4 & 5 and forwarded to this HQ for further necessary action. 7. It is also requested that Sr Adv / SEMO be apprised about such malpractices by the hospital and to exercise vigilance while approving Appx "A" for implants / consumables by the hospital. It is also requested that any claim ID under reference pending your approval may be reverted for Review by Validator. Regards, Surg Capt Rajesh Batlish JD (Med) / OIC Claim Central Org ECHS AG's Branch IHQ of MeD [Army) Thimmaya Marg near Gopinath Circle Delhi ....
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.... M/s. Ace Cardiopathy Solutions Private Limited OPERATION CREDITOR VERSUS Cardiac Care and Allied Health Private Limited ... CORPORATE DEBTOR / RESPONDENT ADDITIONAL AFFIDAVIT ON BEHALF OF RESPONDENT COMPANY CARDIAC CARE AND ALLIED HEALTH PRIVATE LIMITED NOTA I, Dr. Ghanshyam Bhambhani son of Shri Kanihya Pritam Bhambhani, aged about 59 years having address at 7, Vivekanand Marg, C-Scheme, Jaipur - 302001, Rajasthan, do hereby solemnly make oath and state as under: 1. That I am the Director and Authorised Signatory of the Respondent Company, and I am well conversant with the facts and circumstances of the present case. 2 That the present application under Section 9 of the IBC filed by Operational Creditor for purportedly initiating Corporate Insolvency Resolution Process ("CIRP") against the Respondent is a misconceived application also for the reason that the Respondent Company is a commercially viable company. In this regard the State Bank of India has IA Document 6 issued certificateb dated 05.03.2024 showing that the Respondent Company is a commercially viable company. The original certificate& issued by the State Bank of India on 05.03.2024 is....
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....ingh Circle, Jaipur KUnd Attn: Mr. Uimesh Munjal With due respect ( Ghansfiyarn flhambhant, Director Cardlac Care & Alled Healthy Put. Lad. jofond as full time Director to this hospital and going through with records about the supplies of various items med. from Parties Including you as well. It was found that receipts of major supply of stents and other items comes to this hospital are from your company. The whole process of purchase was previously dealt by Dr. Prakash Chandwani since last many years. Major discrepancies and unethical practices regarding supply of Stents and Other Consumable goods were found from your company For discussing about it. I have called you way around about 2 months back, but by that day cour response was having some urgent work of Duty at somewhere Next time your response was i am busy of applying the changes in rates of Stents to various companies Afterwards the call made to you by hospital staff regarding the non supply of stents and other items as well as about payment discussion, your response was that you are Infected by COVID. Sir, During this period No positive response was shown even after calling you number of times. 2 ....