9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 1779 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and default or not - HELD THAT - The Operational Creditor furnished all material documents proving existence of debt. Further, the Corporate Debtor has not pointed out any instances of dispute as they are mandated to do as per Section 8(2) of the I BC, 2016 and has not filed any written statement except for one occasion where the counsel for the Corporate Debtor appeared before this Bench on 27.02.2019 and sought for an adjournment, as instructed by her senior counsel, expressing her inability to argue the matter. Hence, this Bench hereby hold that this Application is fit for admission for initiation of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. Petition admitted - moratorium declared.
Issues:
Company petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 against a Corporate Debtor. Analysis: The matter pertains to a Company Petition filed by an Operational Creditor against a Corporate Debtor under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor, a government-recognized export house, had placed an order with the Corporate Debtor for the supply of fabric. Despite making full advance payment, the Operational Creditor alleged that the quality of the supplied material did not meet the specifications, leading to the cancellation of an export order. The Operational Creditor demanded a refund of the advance amount along with interest. Subsequently, a Demand Notice was sent to the Corporate Debtor for the unpaid debt amount. The Operational Creditor submitted various documents, including invoices, emails, and bank statements, to prove the existence of the debt. Upon reviewing the documents, the Tribunal found that the Operational Creditor had provided sufficient evidence to establish the debt. The Corporate Debtor failed to raise any disputes or file a written statement, as required by the law. As a result, the Tribunal deemed the application fit for admission to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. Consequently, the Tribunal admitted the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, and ordered the commencement of the CIRP. An Interim Resolution Professional (IRP) was appointed from a list provided by the IBBI Penal to manage the affairs of the Corporate Debtor. The IRP was directed to initiate the resolution process, including making a public announcement and inviting claims from creditors. A moratorium was declared from the date of the order until the completion of the CIRP, prohibiting certain actions against the Corporate Debtor's assets. Essential supplies to the Corporate Debtor were to continue uninterrupted during this period. The appointed IRP was instructed to comply with the relevant provisions of the Insolvency and Bankruptcy Code and was granted the necessary authority to manage the Corporate Debtor's assets. Directors, promoters, and other associated persons were directed to cooperate with the IRP. The Registry was tasked with communicating the order to all relevant parties, including the Operational Creditor, Corporate Debtor, and the appointed IRP.
|
