2019 (12) TMI 1411 - 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 - In the present case there is no such dispute as pre-existing the dispute which was being claimed to be pre-existing by the corporate debtor did not survive - The applicant has attached the copy of Bank statements issued by Syndicate Bank in compliance with the requirement of Section 9(3)(c) of the IBC 2016. The present application is complete and the Operational Creditor is entitled to claim its dues establishing the default in payment of the operational debt beyond doubt and fulfillment of requirements under section 9(5) of the Code. Hence the present application is admitted. Application admitted - moratorium declared.

Issues:
1. Application filed under Section 9 of Insolvency and Bankruptcy Code, 2016 for initiation of Corporate Insolvency Resolution Process (CIRP).
2. Dispute over outstanding dues between the Applicant and the Respondent.
3. Respondent's defense against the application and allegations of price increase and quality issues.
4. Examination of pre-existing dispute and legitimacy of Respondent's contentions.
5. Admissibility of the application, appointment of Interim Resolution Professional, and deposit requirement.
6. Jurisdiction of the Tribunal and imposition of moratorium.

Analysis:

1. The application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the Applicant, seeking to initiate the Corporate Insolvency Resolution Process against the Respondent, a company. The Applicant alleged outstanding dues amounting to &8377; 25,85,612/-, supported by invoices and a demand notice issued under Section 8 of the Code.

2. The Respondent, in its defense, claimed that the price increase of raw materials by the Applicant was arbitrary and discriminatory, leading to quality issues and financial losses. The Respondent highlighted the continuous rise in material prices and degradation in quality, affecting its operations and client commitments at various locations.

3. The Tribunal examined the existence of a pre-existing dispute and the legitimacy of the Respondent's contentions. The Applicant refuted the claims of any prearrangement regarding price increases and emphasized the Respondent's continuous business dealings without objection to the price variations, challenging the credibility of the Respondent's defense.

4. Citing legal precedents, the Tribunal emphasized the importance of a genuine dispute and rejected spurious defenses. The Respondent's arguments were scrutinized, and the Tribunal found no substantial pre-existing dispute that could invalidate the Applicant's claim of outstanding dues.

5. The application was deemed admissible by the Tribunal, establishing the default in payment by the Respondent beyond doubt. An Interim Resolution Professional was appointed, and a deposit of &8377; 2 lacs was directed to be made to meet expenses. The moratorium under Section 14(1) of the Code was imposed on the Respondent, with specific provisions coming into force during the moratorium period.

6. The Tribunal asserted its jurisdiction to entertain the application, appointed the Interim Resolution Professional, and instructed the Registry to notify all relevant parties promptly. The order outlined the procedural steps to be taken, including communication with the Registrar of Companies and updating of the Corporate Debtor's status.

This comprehensive analysis covers the legal intricacies and key aspects of the judgment delivered by the National Company Law Tribunal, New Delhi Bench.

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