2019 (12) TMI 1402 - Tri - Insolvency and Bankruptcy

Maintainability of application- initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT - The period of limitation to claim this payment is three years under Limitation Act, 1963. This application was filed on 04.04.2019. Hence, the Invoices mentioned above are clearly barred by limitation. Also, it is clear that there are pre-existing disputes between the parties regarding the quality of goods supplied. Petition dismissed.

Summary

Issues:
Initiation of Corporate Insolvency Resolution Process under Section 9 of Insolvency and Bankruptcy Code, 2016 based on outstanding dues and quality disputes between the parties.

Analysis:
1. The applicant, M/s. Emgreen Impex Ltd., filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process of M/s. OHM Pipes Pvt. Ltd.
2. The respondent, M/s. OHM Pipes Pvt. Ltd., a private company, was alleged to owe an outstanding amount of &8377; 69,59,805/- along with interest to the Operational Creditor, M/s. Emgreen Impex Ltd., for goods supplied since 2015.
3. The Operational Creditor issued a Legal Demand Notice under Section 8 of the Insolvency and Bankruptcy Code, 2016, due to the failure of the Corporate Debtor to settle the outstanding dues.
4. The Corporate Debtor claimed that the goods supplied were of inferior quality, leading to financial losses and a damaged reputation. Disputes arose regarding the quality of raw materials supplied for manufacturing PVC pipes.
5. The Corporate Debtor contended that the Invoices mentioned in the application were time-barred under the Limitation Act, 1963, as the application was filed on 04.04.2019, beyond the three-year limitation period.
6. The Adjudicating Authority noted the pre-existing disputes between the parties regarding the quality of goods supplied, emphasizing the need for an undisputed debt to initiate the Corporate Insolvency Resolution Process.
7. Referring to a Supreme Court judgment, the Adjudicating Authority highlighted the conditions necessary for initiating the CIRP, including the existence of an operational debt exceeding &8377; 1 lakh, documentary evidence of the debt being due and payable, and the absence of a dispute between the parties.
8. Based on the above analysis, the Adjudicating Authority dismissed the application (CP (IB) No. 18/CTB/2019), emphasizing the importance of a genuine dispute and rejecting applications lacking such disputes. The Order did not prevent the petitioner from seeking other legal remedies for their dues.

Conclusion:
The judgment by the National Company Law Tribunal, Cuttack Bench, dismissed the application for initiating Corporate Insolvency Resolution Process due to pre-existing disputes between the parties, emphasizing the need for an undisputed debt and genuine disputes to proceed with insolvency proceedings. The Order allowed the petitioner to explore other legal remedies available to recover their dues.