2019 (9) TMI 1577 - Tri - Insolvency and Bankruptcy

Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - debt arises out of an arbitral award - Operational Creditors - existence of debt and dispute or not - time limitation - HELD THAT - The notice was served on the corporate debtor. Postal track record is filed through Memo. Learned counsel contended that corporate debtor has not replied or failed to defend. The claim is submitted within period of time prescribed under Limitation Act, 1963. Thus, the claim is within limitation. There is no representation or reply by the Corporate Debtor. Corporate debtor was served with notice before admission however, corporate debtor remained absent and it did not contest the claim. The operational creditor has been able to establish un disputed debt against corporate debtor and the corporate debtor has been in default with regard to the payment of dues to the operational creditor amounting to ₹ 1,89,02,200/-. The Operational creditor is able to establish through documents that corporate debtor committed default of operational debt and there is no pre existing dispute. Thus, this Petition is complete and is liable to be admitted. The Adjudicating Authority admits this Petition under Section 9 of IBC, 2016, declaring moratorium for the purposes referred to in Section 14 of the Code - Petition admitted - moratorium declared.

Summary

Issues:
- Petition filed under Section 9 of Insolvency and Bankruptcy Code, 2016 seeking admission for Corporate Insolvency Resolution Process.
- Default in payment of debt arising from an arbitral award.
- Evidence presented by the Operational Creditor to establish default.
- Appointment of Interim Resolution Professional.
- Directions issued by the Tribunal upon admission of the Petition.

Analysis:

1. Petition under Section 9 of Insolvency and Bankruptcy Code, 2016:
The Petition was filed by Isgec Covema Limited due to the Corporate Debtor's default in paying a substantial amount resulting from an arbitral award. The Petition sought the initiation of Corporate Insolvency Resolution Process, granting moratorium, and the appointment of an Interim Resolution Professional as per the provisions of the Code and Rules.

2. Default in Payment of Debt:
The debt arose from an arbitral award dated 30.05.2013, where the Corporate Debtor was held liable to pay a specific amount along with interest. Despite various communications and legal notices, the Corporate Debtor failed to make the required payments, leading to the filing of the Petition under Section 9 of the Code.

3. Evidence Presented by Operational Creditor:
The Operational Creditor submitted Form-5 along with documentary evidence, including demand notices, postal receipts, and the arbitral award, to establish the default committed by the Corporate Debtor. The Tribunal found the evidence sufficient to prove the default and admitted the Petition.

4. Appointment of Interim Resolution Professional:
Upon admitting the Petition, the Tribunal appointed an Interim Resolution Professional to oversee the Corporate Insolvency Resolution Process. The appointed professional was required to adhere to the Code's provisions diligently and maintain integrity throughout the resolution process.

5. Directions Issued by the Tribunal:
The Tribunal issued specific directions upon admission of the Petition, including declaring a moratorium, prohibiting certain actions against the Corporate Debtor, ensuring the supply of essential goods or services, and outlining the responsibilities of the Interim Resolution Professional. Additionally, the Petitioner was directed to pay a specified amount to the Interim Resolution Professional for expenses related to the resolution process.

In conclusion, the Tribunal admitted the Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, and set forth detailed directions to guide the Corporate Insolvency Resolution Process, emphasizing the importance of compliance, integrity, and cooperation throughout the proceedings.