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2021 (5) TMI 1048 - HC - Insolvency and BankruptcyCIRP proceedings - Petitioner is a Doctor by profession and was a Director in the Company - Counsel for the Petitioner submits that independent of the NCLT proceedings, the petitioner is offering the hospital facility to Respondent No.1 and is ready and willing to deposit Rs.15 Lakhs as an initial contribution as also Rs.4 Lakhs p.m. for running the hospital. HELD THAT - we hereby direct Respondent No.1 to take a decision with respect to the aforesaid offer of the Petitioner, subject to the undertaking given by him with regard to the contribution of funds and the control over the running of the hospital and also looking to the reply affidavit of Respondent No. 3 file in this petition.
Issues Involved:
1. Petitioner offering hospital facility to Respondent No.1 during NCLT proceedings. Analysis: The judgment delivered by the Hon'ble Chief Justice and Hon'ble Ms. Justice Jyoti Singh of the Delhi High Court pertains to a writ petition where the Petitioner, a Doctor by profession and former Director of a multispeciality hospital, offered the hospital facility to Respondent No.1 amidst NCLT proceedings. The Petitioner expressed readiness to deposit Rs.15 Lakhs as an initial contribution and Rs.4 Lakhs per month for running the hospital, with the remaining funds to be generated from patient payments. The Petitioner assured not to claim any control over the hospital, presenting the offer as a goodwill gesture during the Covid-19 pandemic. After hearing both parties' counsels and considering the case's circumstances, the Court directed Respondent No.1 to decide on the Petitioner's offer. The decision was to be based on the Petitioner's funding commitment, lack of control claim, and the reply affidavit of Respondent No. 3. The Court emphasized the potential usefulness of the offer in the current situation and expected Respondent No.1 to make a prompt decision within three weeks from the judgment date. Consequently, the writ petition and application were disposed of by the Court.
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