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2019 (11) TMI 1656 - 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 - Time Limitation - HELD THAT - The application is complete in all respect and fulfils all the requirements under Section 7 of the Code. The Financial Creditor has been able to prove that a sum of ₹ 25,00,000/- was disbursed to the Corporate Debtor as a loan on interest for a short time which the Corporate Debtor failed to repay although interest was being paid from time to time. The Corporate Debtor has unsuccessfully disputed the claim without any concrete evidence to prove the same. The application of the Financial Creditor deserves to be allowed, thereby initiating Corporate Insolvency Resolution Process against the Corporate Debtor - the application is admitted - moratorium declared - List the matter on 30th December, 2019 for filing of the progress report.
Issues:
Application under section 7 of the Insolvency & Bankruptcy Code, 2016 for Corporate Insolvency Resolution Process based on loan default of ?25,00,000/- by the Corporate Debtor to the Financial Creditor. Analysis: The Financial Creditor filed an application under Section 7 of the Insolvency & Bankruptcy Code, 2016 against the Corporate Debtor, seeking Corporate Insolvency Resolution Process due to the default on a loan of ?25,00,000/-. The loan was acknowledged by the Corporate Debtor through a letter and interest payments were being made until a cheque for the loan repayment was dishonored due to insufficient funds. A demand notice was issued to the Corporate Debtor, followed by a case under Section 138/141 of the N.I. Act when the payment was not made. Despite reminders and requests for repayment, the Corporate Debtor failed to settle the outstanding amount. The Financial Creditor provided evidence supporting the loan transaction, including a money receipt, bank statement, and ledger accounts showing interest payments received from the Corporate Debtor. The application was filed within the limitation period as per the timeline of events related to the dishonored cheque, demand notice, and subsequent reminders. After hearing both parties and examining the documents, the Tribunal found the application to be complete and meeting all requirements under Section 7 of the Code. The Tribunal concluded that the Financial Creditor had proven the loan disbursement and default by the Corporate Debtor, who failed to provide concrete evidence to dispute the claim. Therefore, the Tribunal allowed the application, initiating the Corporate Insolvency Resolution Process against the Corporate Debtor. The Tribunal issued specific orders, including admitting the application, declaring a moratorium, appointing an Interim Resolution Professional, and setting deadlines for creditor meetings and resolution plan submission. The moratorium under Section 14 of the Insolvency & Bankruptcy Code, 2016 was declared, prohibiting certain actions against the Corporate Debtor during the resolution process. Essential goods or services supply to the Corporate Debtor was to continue uninterrupted during the moratorium period. The order specified the effect and duration of the moratorium, with provisions for its cessation upon approval of a resolution plan or liquidation order. The Interim Resolution Professional was tasked with creditor identification, meeting convening, and resolution plan evolution within the stipulated timeline. The Registry was directed to communicate the order to all relevant parties, and a progress report filing date was set for future monitoring.
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