2018 (3) TMI 1854 - Tri - Insolvency and Bankruptcy

Maintainability of application - initiation of CIRP - Corporate debtor failed to make repayment of its debt - existence of dispute or not - HELD THAT - It is established that the Corporate Debtor has defaulted in making payment of the outstanding debt. The Financial Creditor has fulfilled all the requirements of law and has also proposed the name of IRP after obtaining the written consent in Form-2. Therefore, is admitted and the commencement of the Corporate Insolvency Resolution Process is ordered which ordinarily shall get completed within 180 days, reckoning from the day this order is passed. Application admitted - moratorium declared.

Summary

Issues:
Application under Section 7 of the Insolvency and Bankruptcy Code, 2016 against Corporate Debtor for outstanding debt.

Analysis:
1. The Financial Creditor filed an Application under Section 7 of the Insolvency and Bankruptcy Code, 2016 against the Corporate Debtor seeking admission, initiation of Corporate Insolvency Resolution Process, declaration of moratorium, and appointment of an Interim Resolution Professional (IRP).

2. The Financial Creditor claimed an outstanding debt of ?26,70,46,016, comprising principal and accrued interest. The debt arose from a Short Term Loan provided to the Corporate Debtor at an 18% interest rate.

3. The Financial Creditor presented evidence, including a communication requesting the loan, a Memorandum of Understanding (MOU) detailing the loan disbursement, and a reconciliation agreement for repayment.

4. The Corporate Debtor admitted receiving the loan in tranches but disputed the authenticity of the MOU and liability admission. However, no concrete evidence was provided to substantiate these claims.

5. The Corporate Debtor alleged misappropriation by the Financial Creditor's authorized signatory but failed to take timely action or provide substantial proof, weakening their defense.

6. The Adjudicating Authority found the Corporate Debtor in default of payment, accepted the Application, and ordered the commencement of the Corporate Insolvency Resolution Process within 180 days.

7. An IRP was appointed, and a moratorium was declared to protect the Corporate Debtor's assets during the resolution process, prohibiting certain actions against the debtor.

8. The IRP was directed to comply with relevant provisions of the Insolvency and Bankruptcy Code, with the Corporate Debtor's directors and associates instructed to cooperate with the IRP.

9. The Order was pronounced in open court, and all parties were directed to comply with the decision, with specific instructions for communication and action to be taken.

This detailed analysis covers the key aspects of the legal judgment, including the claims, evidence, defenses, findings, and orders issued by the Adjudicating Authority.