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2018 (10) TMI 1905 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - One Time Settlement scheme - Master Restructuring Agreement - HELD THAT - This Adjudicating Authority is satisfied that the Petitioner has clearly made out a case by establishing that the Corporate Debtor has defaulted on payment dues on various occasions to the Petitioner. Also, the petitioner has proved by placing overwhelming evidence viz., Sanction Letter, Facility Agreement, Amended Facility Agreement, Master Restructuring Agreement, Security Trustee Agreement etc., which reveal that default have occurred for which the Corporate Debtor was responsible to pay. The Petitioner has established clearly that the amount in default committed by the Corporate Debtor is genuine and is supported by the documentary evidence placed before this Adjudicating Authority. In the Circumstances, having satisfied with the submission put forth by the learned counsel for the Petitioner, the Instant Petition is admitted.
Issues involved:
Company petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IB Code 2016) against a corporate debtor. Detailed Analysis: 1. Background Facts: The petition was filed by a financial creditor against a corporate debtor under Section 7 of the IB Code 2016. The financial creditor had sanctioned a term loan to the corporate debtor, which the debtor failed to repay, leading to a significant outstanding amount. 2. Documents Submitted by Financial Creditor: The financial creditor submitted various documents to prove the existence of the financial debt and the default by the corporate debtor. These documents included sanction letters, facility agreements, deeds of hypothecation, and other relevant agreements. 3. Contentions of the Financial Creditor: The financial creditor argued that the corporate debtor failed to repay the loan as per the agreed terms and also did not adhere to the proposed One Time Settlement (OTS) under the Master Restructuring Agreement. 4. Contentions of the Corporate Debtor: The corporate debtor acknowledged the loan but stated its financial distress, including losses in consecutive financial years, cash crunch, delayed payments to employees, and statutory dues. The debtor also mentioned other loans from a consortium of banks and financial institutions. 5. Decision of the Adjudicating Authority: After considering submissions from both parties and examining the evidence, the Adjudicating Authority found that the financial creditor had established a clear case of default by the corporate debtor. The authority admitted the petition and ordered the commencement of the Corporate Insolvency Resolution Process. 6. Appointment of Interim Resolution Professional (IRP): The authority appointed an IRP to manage the affairs of the corporate debtor during the insolvency resolution process. The IRP was directed to initiate the resolution process, make public announcements, and call for submissions of claims. 7. Moratorium and Prohibitions: A moratorium was declared from the date of the order till the completion of the resolution process, prohibiting various actions against the corporate debtor, including suits, asset transfers, and recovery of property. Essential services to the debtor were to continue during this period. 8. Compliance and Assistance: The IRP was instructed to comply with specific sections of the IB Code, and the directors and promoters of the corporate debtor were directed to cooperate with the IRP in managing the company's affairs. 9. Order Compliance: The financial creditor, the registry, and the IRP were directed to comply with the order, with the registry communicating the decision to all relevant parties. 10. Conclusion: The tribunal's decision to admit the petition and initiate the insolvency resolution process was based on the established default by the corporate debtor and the evidence provided by the financial creditor, leading to the appointment of an IRP and the declaration of a moratorium.
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