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2019 (11) TMI 1640 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - Existence of debt and dispute or not - HELD THAT - It is evident that CIR process against the Horizon Concept Pvt. Ltd (HCPL) initiated by this Tribunal is in the matter of RICHA SATSANGI ANR. VERSUS M/S HORIZON CONCEPT PVT. LTD. 2019 (10) TMI 1440 - NATIONAL COMPANY LAW TRIBUNAL NEW DELHI BENCH . Clearly the Financial Creditors in that Petition are different namely Richa Satsangi Anr. than the Financial Creditor in the current Petition. Further the Financial Creditor in the current petition has given an undertaking that he has not submitted his claim with the IRP appointed in the case of M/s Horizon Concept Pvt. Ltd. The Financial Creditor has established the default on the part of the Corporate Debtor in payment of the Financial Debt. The present Petition being complete and the amount of default being above Rs. 1, 00, 000 the Petition is admitted in terms of Section 7 (5) of the IBC and accordingly moratorium is declared in terms of Section 14 of the Code - Petition admitted.
Issues:
1. Initiation of Corporate Insolvency Resolution process under Section 7 of Insolvency and Bankruptcy Code, 2016 against a Corporate Debtor. 2. Default committed by the Corporate Debtor in payment of financial debt. 3. Legal implications of filing separate petitions against related Corporate Debtors. 4. Appointment of an Interim Resolution Professional and initiation of moratorium. Issue 1: Initiation of Corporate Insolvency Resolution process under Section 7 of Insolvency and Bankruptcy Code, 2016 against a Corporate Debtor: The petition was filed under Section 7 of the IBC, 2016 by the Financial Creditor to initiate the Corporate Insolvency Resolution process against the Corporate Debtor, a company named Horizon Buildcon Pvt. Ltd. The Financial Creditor alleged default on the part of the Corporate Debtor in payment of financial debt, seeking resolution through the IBC. Issue 2: Default committed by the Corporate Debtor in payment of financial debt: The Financial Creditor claimed that the Corporate Debtor failed to deliver possession of a unit within the agreed timeframe, leading to default. The Financial Creditor provided details of payments made towards the total consideration amount, along with relevant agreements and receipts to establish the default. The Corporate Debtor, in its reply, acknowledged certain agreements but raised objections regarding the filing of insolvency proceedings against two related companies for the same debt. Issue 3: Legal implications of filing separate petitions against related Corporate Debtors: The Financial Creditor had initially filed separate petitions against two related Corporate Debtors for the same default amount. However, the Tribunal clarified that the Financial Creditor in the current petition was different from those in previous petitions against related companies. The Financial Creditor undertook not to submit the claim to the Insolvency Resolution Professional of the other company, and withdrew one of the insolvency petitions, ensuring compliance with legal procedures. Issue 4: Appointment of an Interim Resolution Professional and initiation of moratorium: The Tribunal admitted the petition under Section 7 of IBC, 2016, declaring a moratorium as per Section 14 of the Code. An Interim Resolution Professional was appointed, and the Financial Creditor was directed to deposit a specific amount to meet immediate expenses. The IRP was instructed to follow the necessary steps under the IBC, and the moratorium came into effect from the date of the order, with communication sent to all relevant parties and the Insolvency and Bankruptcy Board of India. This detailed analysis of the judgment highlights the key issues involved, including the initiation of insolvency proceedings, establishment of default, legal implications of related petitions, and the procedural steps taken for appointment of an IRP and initiation of a moratorium.
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