2020 (11) TMI 992 - AT - Insolvency and Bankruptcy

Admission of application of State Bank of India - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - existence of debt and dispute or not - HELD THAT - Issue notice upon Respondents. Appellant to provide mobile Nos./ e-mail address of the Respondents. Notice be issued through e-mail or any other available mode. Requisites along with process fee be filed within three days. List the appeal on 13th January, 2021.

Summary

Issues:
1. Limitation period for filing application under Section 7 of the Insolvency and Bankruptcy Code, 2016.
2. Acceptance of One Time Settlement (OTS) proposal by the Respondent.

Analysis:
1. The primary issue in this appeal pertains to the limitation period for filing an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The Appellant argues that since the default occurred on 25th February, 2013, and the account was classified as Non-Performing Asset (NPA) on 31st March, 2013, the application filed on 29th May, 2018, was time-barred. It is contended that the Respondent's proposal for a One Time Settlement (OTS) on 5th November, 2020, and its subsequent acceptance on 18th November, 2020, further complicates the matter. The Tribunal has issued notice to the Respondents, directing the Appellant to provide contact details for communication. The appeal is listed for further hearing on 13th January, 2021.

2. The second issue revolves around the acceptance of the OTS proposal by the Respondent. The Tribunal has directed that during the interim period, the Interim Resolution Professional shall not constitute the Committee of Creditors or publish any advertisement. The Interim Resolution Professional is tasked with ensuring the company's continuity as a going concern, seeking assistance from the suspended Board of Directors and other authorized personnel. The person authorized to sign bank cheques may do so only with the Interim Resolution Professional's approval. Additionally, the bank account of the Corporate Debtor is permitted for day-to-day operational activities like supplier payments, employee salaries, and utility bills. These measures aim to maintain the company's operations until further proceedings are conducted.

This judgment by the National Company Law Appellate Tribunal in New Delhi addresses critical issues related to the insolvency and bankruptcy proceedings, emphasizing the importance of adherence to statutory timelines and the management of corporate affairs during the interim resolution phase.