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2022 (5) TMI 1463 - Tri - Insolvency and BankruptcyMaintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - Time Limitation - HELD THAT - As per tracking information, the Demand Notice dated 21.01.2019 under section 8 dated 21.01.2019 has been duly delivered to the Corporate Debtor. This fact has remained uncontroverted during the course of hearing. Therefore, the contention of the Corporate Debtor regarding non-receipt of Demand Notice is rejected. Affidavit under Section 9(3)(b) of IBC has also been filed. The last payment was made on 24.08.2018 and this petition has been filed on 18.11.2019. Therefore, the petition is filed well within limitation in terms of provisions of section 19 of the Limitation Act, 1963 - It is further noted that the Corporate Debtor, vide its letter dated 10.04.2018, has also confirmed and admitted that the amount is due and payable. Therefore, there is really no defence to the section 9 petition. The petition filed under section 9 is complete in all respects. The outstanding amount is more than the threshold limit of ₹1,00,000/- (Rupees one lakh) only existing at the time of filing of the petition. The petition is also well within the limitation. There is no pre-existing dispute of any kind that inhibits the admission of the present petition. Petition admitted - moratorium declared.
Issues Involved:
1. Initiation of Corporate Insolvency Resolution Process under section 9 of the Insolvency & Bankruptcy Code, 2016. 2. Dispute over outstanding dues, interest rates, and non-receipt of demand notices. 3. Compliance with statutory requirements under the IBC for admitting the petition. 4. Appointment of Interim Resolution Professional (IRP) and moratorium under section 14 of the IBC. 5. Direction for public announcement, submission of reports, and deposit for expenses during the Corporate Insolvency Resolution Process. Issue 1: Initiation of Corporate Insolvency Resolution Process under section 9 of the Insolvency & Bankruptcy Code, 2016: The petition was filed by the Operational Creditor against the Corporate Debtor for the recovery of outstanding dues. The Operational Creditor provided evidence of work orders, invoices, and non-payment by the Corporate Debtor, establishing a default on the part of the latter. The court found the petition complete and within the limitation period, hence admitting it for further proceedings. Issue 2: Dispute over outstanding dues, interest rates, and non-receipt of demand notices: The Corporate Debtor contested the interest rate charged by the Operational Creditor and raised issues regarding the quality of services provided. However, the court noted that the Corporate Debtor had acknowledged the outstanding amount in a letter and failed to dispute the demand notices effectively. The court rejected the Corporate Debtor's claims of non-receipt of demand notices and lack of communication regarding service quality concerns. Issue 3: Compliance with statutory requirements under the IBC for admitting the petition: The court verified the compliance with the statutory requirements under the IBC, including the filing of necessary affidavits and documents. The court confirmed the completeness of the petition, the absence of pre-existing disputes hindering admission, and the submission of the required affidavit under Section 9(3)(b) of the IBC. Issue 4: Appointment of Interim Resolution Professional (IRP) and moratorium under section 14 of the IBC: The court decided to appoint an IRP from the panel provided by the Insolvency & Bankruptcy Board of India. A moratorium was imposed under section 14 of the IBC from the date of the order until the completion of the Corporate Insolvency Resolution Process or the approval of a resolution plan or liquidation order, as applicable. Issue 5: Direction for public announcement, submission of reports, and deposit for expenses during the Corporate Insolvency Resolution Process: Various directions were issued, including the public announcement of the Corporate Insolvency Resolution Process, submission of quarterly reports by the IRP, and the deposit of funds by the Operational Creditor to cover expenses related to issuing public notices and inviting claims. The court also directed communication of the order to relevant parties and authorities for compliance and updating of records. This judgment by the National Company Law Tribunal in Allahabad addressed the legal complexities surrounding the initiation of Corporate Insolvency Resolution Process under the Insolvency & Bankruptcy Code, 2016. The detailed analysis covered issues related to the petition's admission, disputes over outstanding dues and interest rates, compliance with statutory requirements, appointment of an Interim Resolution Professional, imposition of a moratorium, and directions for the resolution process. The judgment ensured a thorough examination of the facts presented by both parties and upheld the legal principles governing insolvency proceedings.
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