9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (9) TMI 1450 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Debt - debt due and payable or not - existence of a dispute between the parties - HELD THAT - It is clear that the Adjudicating Authority after satisfying itself that the 'operational debt' is exceeding ₹ 1 lakh and the application shows that the aforesaid debt is due and payable and has not been paid, in such case, in absence of any existence of a dispute between the parties or the record of the pendency of a suit or arbitration proceeding filed before the receipt of the demand notice of the unpaid 'operational debt', the application under Section 9 cannot be rejected and is required to be admitted. Since all the aforesaid condition are fulfilled in the instant case, the application submitted by Operational Creditor is Complete in all respects and there is no defect pointed out by Corporate Debtor. It is also proved that payment of unpaid operational debt has not been made by the Corporate Debtor. Application admitted - moratorium declared.
Issues:
1. Initiation of insolvency resolution process under Section 9 of the Insolvency and Bankruptcy Code, 2016. 2. Existence of operational debt and failure of payment by the corporate debtor. 3. Compliance with legal requirements for admitting the petition. 4. Appointment of an Interim Resolution Professional and declaration of moratorium. Issue 1: Initiation of insolvency resolution process under Section 9 of the Insolvency and Bankruptcy Code, 2016 The petition was filed by an Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, seeking to initiate insolvency resolution against the respondent-corporate debtor. The corporate debtor was incorporated under the Companies Act, 1956, and the jurisdiction of the Tribunal was established. The Operational Creditor supplied raw cotton material to the corporate debtor, with outstanding dues amounting to &8377; 15,86,295 as on 10.06.2018. Despite admission of debts and reminders, the corporate debtor failed to make payments. A demand notice was sent, but no response was received, leading to the petition being filed. Issue 2: Existence of operational debt and failure of payment by the corporate debtor The petition detailed the transactions between the Operational Creditor and the Corporate Debtor, providing evidence of the unpaid balance and interest. The corporate debtor confirmed the outstanding balance, indicating a clear debt exceeding &8377; 1 lakh. The documentary evidence, including demand notices and balance confirmations, supported the claim of operational debt due and payable by the corporate debtor. The lack of response from the corporate debtor further strengthened the case for non-payment. Issue 3: Compliance with legal requirements for admitting the petition The Tribunal referred to the Supreme Court's decision outlining the factors to be examined while considering an application under Section 9 of the Code. It was confirmed that the operational debt exceeded &8377; 1 lakh, was due and payable, and no dispute existed between the parties. The petition was found to be complete, with no defects pointed out by the Corporate Debtor. Therefore, the application was deemed admissible, and an Interim Resolution Professional was appointed to oversee the insolvency resolution process. Issue 4: Appointment of an Interim Resolution Professional and declaration of moratorium The Tribunal appointed an Interim Resolution Professional and declared a moratorium, prohibiting various actions against the corporate debtor. The moratorium was to be in effect until the completion of the insolvency resolution process or liquidation. Specific directions were given regarding the continuation of services to the corporate debtor and the deposit of funds by the Operational Creditor to meet expenses. The order was communicated to all relevant parties for compliance. This detailed analysis highlights the legal proceedings, evidence presented, and the Tribunal's decision to admit the petition, appoint an Interim Resolution Professional, and declare a moratorium in accordance with the Insolvency and Bankruptcy Code.
|
