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2019 (10) TMI 1306 - Tri - Insolvency and BankruptcyMaintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT - The Corporate Debtor reported no objection for starting CIRP by admitting the petition. The Petition is well within the Limitation. The account of the Corporate Debtor is treated as NPA from 31.12.2016 by the Financial Creditor. Debt due and default or not - HELD THAT - Hon 'ble Apex Court held in Innoventive Industries Ltd vs. ICICI Bank and Ors 2017 (9) TMI 58 - SUPREME COURT that The moment the Adjudicating Authority is satisfied that a default has occurred, the application must be admitted unless it is incomplete, in which case it may give notice to the Applicant to rectify the defect within 7 days of receipt of notice from the Adjudicating Authority - The Corporate Debtor admitted the default. The present petition is well within the Limitation. The Petition is in order. The petition is complete and therefore deserves to be admitted. Petition admitted - moratorium declared.
Issues involved:
Petition filed by the Financial Creditor under Section 7 of the Insolvency and Bankruptcy Code, 2016 against the Corporate Debtor for defaulting on repayment. Analysis: 1. The Financial Creditor, Andhra Bank, filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, seeking admission of the petition, initiation of Corporate Insolvency Resolution Process, granting moratorium, and appointment of an Interim Resolution Professional. The Corporate Debtor, M/S. Samyu Glass Private Limited, had defaulted on repaying a substantial sum. 2. The Financial Creditor detailed the credit facilities availed by the Corporate Debtor over the years, including term loans, open cash credit, letter of credit, and other financial limits. The Corporate Debtor had also created mortgage by deposit of title deeds over its property as security for the loan facilities. 3. The Financial Creditor issued a notice for default, and upon the failure of the Corporate Debtor to repay the dues, classified the account as Non-Performing Asset (NPA) as per RBI norms. The Corporate Debtor acknowledged the default, and there were ongoing recovery proceedings under the SARFAESI Act. 4. The Tribunal, after hearing both parties, found that the Financial Creditor had established the default by the Corporate Debtor, and the petition was filed within the limitation period. The Corporate Debtor did not object to starting the Corporate Insolvency Resolution Process (CIRP). 5. Referring to the Supreme Court's decision in "Innoventive Industries Ltd vs. ICICI Bank and Ors," the Tribunal noted that once a default is established, the application for insolvency must be admitted unless incomplete. The Financial Creditor's petition was found to be complete and in order, warranting admission. 6. The Tribunal admitted the petition under Section 7 of the IBC, 2016, declaring a moratorium and appointing an Interim Resolution Professional (IRP). The moratorium included directions to halt legal proceedings against the Corporate Debtor, preserve its assets, and ensure the continuation of essential services during the resolution process. 7. The order of moratorium was to be in effect until the completion of the Corporate Insolvency Resolution Process or the approval of a Resolution Plan or liquidation of the Corporate Debtor, whichever occurred earlier. The Public announcement of the Corporate Insolvency Resolution Process was mandated, and a specific IRP was appointed for the case.
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