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2019 (12) TMI 1325 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT - The facts and circumstances of the case clearly established that the debt and default in default in question. The Adjudicating Authority also has given several opportunities to the Respondent to settle the issue or to file their objection. However, they have failed to avail the opportunity and thus there is no other alternative for us except to consider the case as per merits. The instant Application/Petition is filed in accordance with law and a qualified Insolvency Professional namely Mr. Ravindranath N. is suggested to appoint him as IRP, who is prima facie eligible to be appointed as the Interim Resolution Professional and he has also filed his written consent in Form 2 dated 12.06.2019 by inter alia affirming that he is eligible to be appointed as a Resolution Professional in respect of the Corporate Debtor and certified that there are no disciplinary proceedings pending against him with the Board or IPA of ICAI. The instant case is a fit case to admit by initiating CIRP in respect of the Corporate Debtor, appointing IRP, imposing Moratorium etc., as per the Code - Application admitted - moratorium declared.
Issues:
1. Initiation of Corporate Insolvency Resolution Process under Section 7 of I&B Code, 2016. 2. Default committed by the Corporate Debtor. 3. Appointment of Interim Resolution Professional. 4. Declaration of moratorium. 5. Compliance with IBC, 2016 and Rules. 6. Cooperation of the Corporate Debtor during CIRP. 7. Reporting and completion of CIRP within stipulated time. Analysis: Issue 1: Initiation of Corporate Insolvency Resolution Process The Petitioner, a Financial Creditor, filed a petition seeking to initiate Corporate Insolvency Resolution Process against the Corporate Debtor due to default in payment amounting to Rs. 115,63,16,587 as on 30.06.2019. The petition was filed under Section 7 of the I&B Code, 2016. The Corporate Debtor had failed to repay the outstanding loan amounts despite multiple notices and opportunities. Issue 2: Default Committed by the Corporate Debtor The Corporate Debtor had availed Term Loans from Bank of Maharashtra for vineyard and winery projects but failed to operate the loan accounts satisfactorily. The Bank issued a Demand Notice under the SARFAESI Act, leading to the auction of some secured assets. The Corporate Debtor's debt was assigned to the Applicant, and despite various legal proceedings and orders, the debt remained unpaid, resulting in the petition for insolvency. Issue 3: Appointment of Interim Resolution Professional The Tribunal appointed Mr. Ravindranath N. as the Interim Resolution Professional (IRP) to conduct the Corporate Insolvency Resolution Process for the Corporate Debtor. The IRP's responsibilities include following the provisions of the I&B Code, 2016, and submitting progress reports to the Tribunal. The appointment was deemed necessary for the effective resolution of the insolvency proceedings. Issue 4: Declaration of Moratorium A moratorium was declared prohibiting suits, asset transfers, enforcement of security interests, recovery actions, and termination of essential services against the Corporate Debtor. The moratorium aimed to protect the assets and operations of the Corporate Debtor during the insolvency resolution process until its completion. Exceptions to the moratorium were also specified. Issue 5: Compliance with IBC, 2016 and Rules The Tribunal emphasized compliance with the provisions of the I&B Code, 2016, and the Rules framed by the IBBI. The IRP was directed to adhere to the regulations and guidelines set forth in the insolvency laws to ensure a smooth resolution process. Issue 6: Cooperation of the Corporate Debtor during CIRP The Board of Directors and staff of the Corporate Debtor were directed to provide full cooperation to the IRP in carrying out the resolution process. Cooperation from the Corporate Debtor was deemed essential for the effective implementation of the insolvency resolution measures. Issue 7: Reporting and completion of CIRP within stipulated time The IRP was instructed to file progress reports with the Tribunal and ensure expeditious steps to complete the Corporate Insolvency Resolution Process within the prescribed timeframe. The Tribunal scheduled a follow-up report from the IRP on 20th January 2020 to monitor the progress of the resolution process. Compliance with reporting requirements and timely completion of CIRP were crucial for the successful resolution of the insolvency case.
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