2017 (6) TMI 1304 - Tri - Insolvency and Bankruptcy

Maintainability of application - initiation of CIRP - corporate debtor - Rule 4 of the Insolvency and Bankruptcy (Applicatlon to Adjudicating Authority) Rules, 2016 - HELD THAT - The facts in the present case show advancement of loan, its acknowledgement and the default. The documents on record answer the prescription of the Code and is in accordance With the provisions of Section 7. It is complete in all respects and therefore, the petition warrants admission. Petition admitted - moratorium declared.

Summary

Issues: Application under Section 7 of the Insolvency and Bankruptcy Code, 2016 for initiating corporate insolvency resolution process against the respondent 'Corporate Debtor'.

Analysis:
1. The Financial Creditor provided an unsecured loan to the Corporate Debtor, which was not repaid within the stipulated time despite various promises and extensions. The Financial Creditor made multiple attempts to recover the amount, including sending notices and providing evidence of the outstanding debt.

2. The Financial Creditor initially filed a Company Petition before the High Court, which was withdrawn due to technical defects. Subsequently, a notice under Section 434 of the Companies Act, 1956 was sent to the Corporate Debtor, demanding payment within a specified period. The loan amount was acknowledged by the Corporate Debtor in various communications but remained unpaid.

3. The Tribunal found that the documents provided by the Financial Creditor met the requirements of the Insolvency and Bankruptcy Code, specifically under Section 7. The petition was admitted, and an Interim Resolution Professional was appointed. A public announcement was mandated, and a moratorium was imposed on certain actions by the Corporate Debtor.

4. The Tribunal clarified that during the moratorium period, essential goods or services to the Corporate Debtor should not be terminated. The Insolvency Professional was instructed to carry out their functions as per the relevant sections of the Code, with the expectation of cooperation from the Corporate Debtor and its associated parties.

5. It was emphasized that if the Corporate Debtor or its management failed to fulfill their statutory duties, the Interim Resolution Professional had the right to seek appropriate directions from the Tribunal. The petition was disposed of with these directions in place to manage the affairs of the Corporate Debtor effectively.