2017 (8) TMI 1676 - Tri - Insolvency and Bankruptcy

Maintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - existence of debt and dispute or not - HELD THAT - To fulfill the requirement of showing the record of default the Financial Creditor has annexed status classification report of corporate debtor dated 21.6.2017 issued by CIBIL. Copies of entries in Bankers book in accordance with the Bankers Book Evidence Act, 1891 showing the detail account of Corporate Debtor maintained by the State Bank of India have also been placed on record - The Financial Creditor in its capacity as trustee of other trusts has separately acquired financial assets and loan accounts of the Corporate Debtor to enable it to file claim for financial default on behalf of such other trusts for the financial assets acquired by such other trusts in accordance with the provision of sections 13 15 of the Code and to enable the Interim Resolution Professional to perform his duties envisaged under section 18(1) (b) of the Code. The Financial Creditor has proved by overwhelming evidence that default has occurred, which meets the requirement of Section 3(11) (12) read with Section 7(3)(a) and Section 7(5) of the Code - the application is complete in all respects as the Insolvency Professional, Mr. Venkatesan Sankaranarayanan has also been proposed who has filed his written communication. Petition admitted - moratorium declared.

Summary

Issues:
1. Application under section 7 of the Insolvency and Bankruptcy Code, 2016 for initiating the Corporate Insolvency Resolution Process.
2. Competence of the Financial Creditor to file the application.
3. Details of financial debt granted to the Corporate Debtor.
4. Proof of default and amount in default.
5. Security interest held by the Financial Creditor.
6. Appointment of Interim Resolution Professional.
7. Public announcement and declaration of moratorium.

Analysis:

1. The Financial Creditor, Edelweiss Assets Reconstruction Company Ltd, filed an application under section 7 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the Corporate Insolvency Resolution Process against Tecpro Systems Ltd, the Corporate Debtor. The Financial Creditor claimed to have filed the petition as the Trustee of EARC Trust SC -124 and Trust, supported by relevant documentation.

2. The Financial Creditor demonstrated its competence to file the application by disclosing the financial debt granted to the Corporate Debtor, which was legally assigned to the Financial Creditor through various Assignment Agreements. The Financial Creditor was allotted a CIN and incorporated on a specific date, establishing its eligibility as a Financial Creditor under the Code.

3. Details of the financial debt included working capital facilities and a short-term loan provided to the Corporate Debtor, along with the specific amounts and dates of default for each facility. The Financial Creditor presented comprehensive evidence of the default, satisfying the requirements of the Code.

4. The Financial Creditor also provided information on the security interest held, including the valuation of fixed and current assets, supported by relevant documentation such as the certificate of registration of charge and the estimated value of the security interest created in its favor.

5. An Interim Resolution Professional, Mr. Venkatesan Sankaranarayanan, was proposed by the Financial Creditor and registered with the IBBI, meeting the necessary requirements under the Code. The application was deemed complete with the submission of all required documents and disclosures.

6. Following a thorough review of the evidence presented, the Tribunal found that the Financial Creditor had sufficiently proven the default and fulfilled the statutory requirements under the Code. The application was admitted, and Mr. Venkatesan Sankaranarayanan was appointed as the Interim Resolution Professional.

7. In compliance with the Code, the Tribunal directed the Interim Resolution Professional to make a public announcement regarding the admission of the application and declared a moratorium as per Section 14 of the Code. The moratorium imposed various restrictions to protect the interests of the Corporate Debtor and its creditors, ensuring a structured resolution process.

This detailed analysis of the judgment provides a comprehensive understanding of the issues addressed and the Tribunal's decision in the matter.