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2022 (3) TMI 1412 - 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 - In the present case, the occurrence of default is evidenced by the details furnished by the Petitioners/Financial Creditors including the record of financial information - Form C issued by NeSL in respect of the debt of the Corporate Debtor attached at Page 147-148 of the petition and the Bank Statements of Petitioners/Financial Creditors found at Page 272-292 of the Petition. Time Limitation - HELD THAT - The transaction involving the defaulted amount dates back to 04.01.2020 (Form C) and the instant petition is filed on 31 st January 2022. Therefore, the petition has been filed within the period of limitation. The application filed in the prescribed Form No.1 is found to be complete - the present petition being complete and having established the default in payment to the Financial Debt for the default amount which is above 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 allowed.
Issues:
1. Initiation of Corporate Insolvency Resolution Process (CIRP) under Sections 7 and 12 of the Insolvency and Bankruptcy Code, 2016. 2. Defaulted financial debt by the Corporate Debtor. 3. Jurisdiction of the Adjudicating Authority. 4. Completeness of the petition and establishment of default. 5. Limitation period for filing the petition. 6. Appointment of Interim Resolution Professional (IRP) and constitution of Committee of Creditors. Analysis: 1. The petition was filed by Financial Creditors seeking to initiate CIRP against the Corporate Debtor for defaulting on a significant amount. The petition was filed under Sections 7 and 12 of the Insolvency and Bankruptcy Code, 2016, along with relevant regulations and rules. The defaulted amount was detailed, and the jurisdiction of the Adjudicating Authority was established based on the Corporate Debtor's registration details. 2. The Financial Creditors provided evidence of the default, including details of financial information and bank statements. The Corporate Debtor admitted the debt and its inability to repay due to financial constraints. The Adjudicating Authority directed the Corporate Debtor to disclose other liabilities and actions taken by other creditors, revealing significant outstanding debts and accumulated losses. 3. The Adjudicating Authority confirmed the completeness of the petition and the occurrence of a default above the specified amount. The petition was found to be within the limitation period, considering the transaction date and the filing date. Consequently, the petition was admitted, and a moratorium was declared under Section 14 of the Code, imposing restrictions on legal actions against the Corporate Debtor. 4. The Adjudicating Authority appointed an Interim Resolution Professional (IRP) to manage the resolution process. The IRP was directed to fulfill specific obligations under the Insolvency and Bankruptcy Code, including constituting a Committee of Creditors, submitting progress reports, and ensuring compliance with relevant sections of the Code. The appointment of the IRP was subject to the submission of a registration certificate. 5. The detailed order encompassed various aspects of the insolvency resolution process, including the moratorium's implications, the appointment and responsibilities of the IRP, and the procedures for constituting a Committee of Creditors. The order emphasized the importance of compliance with the Code's provisions and regular reporting to the Adjudicating Authority. 6. The Adjudicating Authority ensured transparency and communication by directing the delivery of the order to all relevant parties and the Interim Resolution Professional promptly. The order highlighted the critical steps to be taken by the IRP and the timeline for reporting back to the Tribunal, emphasizing the efficient management of the insolvency resolution process.
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