2017 (11) TMI 890 - AT - Insolvency and Bankruptcy

Corporate insolvency procedure - proof of existence of dispute - Held that - In the present case, we find that there was an existence of dispute between the parties. Learned Counsel for the Respondent- Operational Creditor while did not dispute the aforesaid fact and submits that the amount due to the Operational Creditor have already been paid. In view of the fact that there was a dispute between the parties and the decision of the present case is covered by the Hon ble Supreme Court in Mo bi lox Innovations Private Ltd v. Kirusa Software Private Ltd 2017 (9) TMI 1270 - SUPREME COURT OF INDIA we have no other option but to set aside the impugned order. The said order is accordingly, set aside.

Summary

Issues:
1. Dispute existence in the application under Section 9 of the Insolvency and Bankruptcy Code, 2016.
2. Interpretation of the provisions of Sections 8 and 9 of the Code regarding the existence of a dispute, operational debt, and default.

Analysis:
1. The Respondent, an 'Operational Creditor,' filed an application under Section 9 of the Insolvency and Bankruptcy Code against the Appellants, a 'Corporate Debtor,' leading to the appointment of an 'Interim Resolution Professional.' The Appellants contended that a dispute existed, making the application under Section 9 not maintainable. The dispute arose from claims made by the Operational Creditor and a reply by the Corporate Debtor raising concerns about the supply of certain products and violation of agreement terms.

2. The Hon'ble Supreme Court's judgment in "Mobilox Innovations Private Ltd v. Kirusa Software Private Ltd" was referenced to determine the existence of a dispute under Sections 8 and 9 of the Code. The Court highlighted the process an operational creditor must follow before triggering insolvency proceedings, emphasizing the need for a pre-existing dispute or pending suit/arbitration. The Court clarified the criteria for the adjudicating authority to consider when examining an application under Section 9, including the operational debt exceeding a specified amount, due and payable debt, and the existence of a dispute between the parties.

3. The Court further discussed the distinction between operational and financial debts, outlining the obligations and procedures for operational creditors under Sections 7 and 8 of the Code. It was emphasized that the presence of a dispute allows the operational creditor to avoid insolvency proceedings. The legislative intent behind the Code was analyzed to ensure disputes do not prematurely initiate insolvency processes, especially for smaller operational debts. In the present case, the Court found an existing dispute between the parties, leading to the dismissal of the application under Section 9.

4. Consequently, the impugned order appointing an 'Interim Resolution Professional' and all related actions were set aside. The Corporate Debtor was released from legal constraints, allowed to function independently, and the proceedings were closed. The Court directed the payment of fees to the 'Interim Resolution Professional,' if appointed, without costs imposed on either party. The judgment upheld the importance of resolving disputes before initiating insolvency proceedings under the Code.