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2019 (3) TMI 1664 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment - existence of dispute or not - scope of Operational Debt - HELD THAT - Under I B Code it need not be seen whether the company is unable to make payment or that the relief sought has bonafide or not. The only criterion to be looked into is as to whether debt and default are in existence as on the date of filing case. It is apparent that the petitioner/operational creditor has claimed the license fee of the hospital premises amount receivable towards charges for basement and casualty in the building as per the agreement along with the claim of amount receivable on account of purchase of medical equipment the amount receivable towards reimbursement of insurance of building and other items as per clause 14.1 of the registered Lease and License Agreement. Scope of Operational Debt - HELD THAT - Petitioner s claim does not fall within the definition of Operational Debt and Petitioner cannot be treated as Operational Creditor . Since the alleged debt is not Operational Debt and Petitioner is not the Operational Creditor . Therefore the Petition is not maintainable under Section 9 of IBC 2016. Hence the Petition deserves to be rejected on this ground. Petition dismissed as not maintainable.
Issues:
1. Whether the Company Petition filed under section 9 of the Insolvency & Bankruptcy Code by the Operational Creditor against the Corporate Debtor for default in payment is maintainable? 2. Whether the claimed outstanding rent and license fees constitute an operational debt under the IBC, 2016? 3. Whether there is a valid dispute between the parties that affects the maintainability of the petition? 4. Whether the absence of contemporaneous demand or invoice affects the jurisdiction of the Tribunal? 5. Whether the invocation of the Arbitration Clause affects the proceedings under the IBC, 2016? Analysis: 1. The Company Petition was filed by the Operational Creditor against the Corporate Debtor for defaulting on payment. The Operational Creditor claimed outstanding rent and license fees, arguing that the Corporate Debtor failed to make payments as per the agreement. The Corporate Debtor contended that the petition was not maintainable under the IBC, 2016, as the claim did not fall under the definition of an operational debt. 2. The Tribunal analyzed the nature of the claimed amount, including rent, license fees, charges for basement usage, medical equipment purchase, and insurance premium reimbursement. It was observed that the claimed amount did not meet the criteria of an operational debt as defined under the IBC, 2016. The Tribunal referred to previous judgments to support its decision that the claim did not qualify as an operational debt. 3. The Corporate Debtor raised the issue of a valid dispute between the parties, citing communications and an arbitration clause invoked by them. The Tribunal considered the existence of a dispute and the invocation of the arbitration clause as factors affecting the maintainability of the petition under the IBC, 2016. 4. The absence of contemporaneous demand or invoice for the claimed amount was highlighted by the Corporate Debtor to challenge the jurisdiction of the Tribunal. The Tribunal examined the lack of specific demands or invoices raised by the Operational Creditor, which could impact the invocation of the Tribunal's jurisdiction. 5. The Corporate Debtor invoked an arbitration clause, indicating a dispute resolution mechanism outside the IBC, 2016 framework. The Tribunal considered the arbitration clause invocation and its impact on the ongoing insolvency proceedings, emphasizing the importance of honoring arbitration agreements between parties. In conclusion, the Tribunal dismissed the Company Petition as not maintainable under the IBC, 2016, due to the nature of the claimed amount not meeting the criteria of an operational debt. The decision considered various legal aspects, including disputes between parties, arbitration clauses, and the definition of operational debts under the insolvency framework.
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