9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 1904 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditor - existence of debt and default or not - HELD THAT - In view of the failure on the part of the Corporate Debtor, to liquidate the outstanding liability, the Applicant/Operational Creditor issued a notice dated 28.12.2017 under section 8 of the Code. This was not replied to. Thereafter, the Operational Creditor has followed it ea by filing the present petition. The petition has been filed in the required format, along with the supporting affidavit that no notice of dispute has been raised. Compliance of the provision of Section 9(3)(c) is also on record - The Corporate Debtor has accepted that a default in payment has occurred. The prayer made by the Operational Creditor therefore merits consideration. Application admitted - moratorium declared.
Issues Involved:
Initiation of Corporate Insolvency Process, Failure to liquidate outstanding liability, Notice under section 8 of the Code, Admission of outstanding liability by Corporate Debtor, Moratorium under Section 14 of the Insolvency & Bankruptcy Code, Appointment of Insolvency Resolution Professional, Deposit for Resolution Process, Interim Report date. Detailed Analysis: 1. Initiation of Corporate Insolvency Process: The petitioner, an Operational Creditor, sought the initiation of the Corporate Insolvency Process against the Respondent company due to non-payment of outstanding dues. The Operational Creditor had a running account with the Corporate Debtor for the supply of Gold Jewellery, with an outstanding liability of ?66,19,17,188 exclusive of interest. 2. Failure to Liquidate Outstanding Liability: The Corporate Debtor failed to make complete payments despite repeated requests from the Operational Creditor. After the last payment made on 29.11.2017, a significant outstanding amount remained unsettled, leading to the petition for insolvency. 3. Notice under Section 8 of the Code: Following the failure of the Corporate Debtor to settle the dues, the Operational Creditor issued a notice under section 8 of the Insolvency & Bankruptcy Code, which was left unanswered. Subsequently, the Operational Creditor filed the petition in the prescribed format, fulfilling the necessary requirements. 4. Admission of Outstanding Liability by Corporate Debtor: In the reply submitted on behalf of the Corporate Debtor, the Operational Debt was not disputed. The Corporate Debtor acknowledged the default in payment but cited financial difficulties in fulfilling the outstanding claim. 5. Moratorium under Section 14 of the Insolvency & Bankruptcy Code: The Corporate Debtor's acceptance of the default led to the imposition of a moratorium under Section 14 of the Code. The moratorium prohibited various actions against the Corporate Debtor, including legal proceedings and asset transfers, to facilitate the insolvency resolution process. 6. Appointment of Insolvency Resolution Professional: An Insolvency Resolution Professional (IRP) was appointed from the eligible panel to oversee the resolution process. The IRP was directed to fulfill statutory obligations under the Code and submit a report to the Adjudicating Authority at the end of the tenure. 7. Deposit for Resolution Process: The Operational Creditor was instructed to deposit ?2 Lakhs to cover immediate expenses related to the Resolution Process. This amount would be accounted for by the IRP and later reimbursed by the Committee of Creditors (COC) as part of the insolvency resolution process costs. 8. Interim Report Date: The case was scheduled to come up for an interim report on 24th April 2019 to review the progress of the insolvency resolution process. The order was to be shared with both the Operational Creditor and the Corporate Debtor for compliance and information. This detailed analysis of the legal judgment highlights the key issues, actions, and decisions taken by the Tribunal in response to the insolvency petition filed by the Operational Creditor against the Corporate Debtor.
|
