2022 (2) TMI 1385 - AT - Insolvency and Bankruptcy

Admission of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - HELD THAT - The figure of Rs.1.35 Crore which was mentioned in the Reply was reflected in the oral submission made by the Counsel for the Corporate Debtor which has been noted by the Adjudicating Authority. There being financial debt due which was an admitted fact, there are no error in the impugned judgment of the Adjudicating Authority by which Application has been admitted. Counsel for the Corporate Debtor submits that he does not admit the amount of default. An amount of Rs. 1.35 Crore having been admitted, the Application was rightly admitted. It is open for the Corporate Debtor to enter into settlement and on the basis of settlement, if any, may file an Application under Section 12A before the Competent Authority i.e. Adjudicating Authority for passing appropriate order. It is made clear that the observations made in this order are without prejudice to the rights and contentions of the parties. Appeal dismissed.

Summary

Issues:
1. Appeal against order admitting Section 7 Application by Adjudicating Authority.
2. Allegation of error in Adjudicating Authority's observation on the reply filed by Corporate Debtor.
3. Dispute regarding the amount of default claimed by the Financial Creditor.
4. Settlement agreement between parties and failure to honor it by Corporate Debtor.
5. Admission of financial debt by Corporate Debtor.
6. Possibility of entering into a settlement and filing an Application under Section 12A.

Analysis:
1. The Appellate Tribunal considered an appeal against the order passed by the Adjudicating Authority admitting a Section 7 Application filed by the Respondent, a Financial Creditor. The Corporate Debtor had received financial benefit amounting to Rs. 1,62,13,611, leading to the initiation of proceedings under Section 7. Despite a previous settlement agreement, the Corporate Debtor failed to honor it, resulting in the filing of a new application. The Adjudicating Authority admitted the Application after noting the acceptance of debt and default by the Corporate Debtor's counsel.

2. The Appellant challenged the order, claiming that a reply was filed to the Section 7 Application, contrary to the Adjudicating Authority's observation. The Appellant also disputed the amount of default claimed by the Financial Creditor. The Tribunal examined the reply filed on 20.01.2021, which acknowledged a partial payment made by the Corporate Debtor but cited financial difficulties for failing to fulfill the settlement agreement entirely.

3. The Reply mentioned a debt of Rs. 1.35 Crore, which the Corporate Debtor acknowledged both in writing and orally through its counsel. The Tribunal found no error in the Adjudicating Authority's decision to admit the Application based on this admitted financial debt. Despite the Appellant's refusal to admit the default amount, the admission of a substantial debt justified the Application's admission.

4. The Tribunal highlighted the possibility of the Corporate Debtor entering into a settlement with the Respondent to clear all outstanding dues. It suggested that the Corporate Debtor could file an Application under Section 12A for a settlement with the Competent Authority. The Tribunal emphasized that its observations did not prejudice the parties' rights and contentions.

5. Ultimately, the Appeal was dismissed by the Appellate Tribunal, affirming the Adjudicating Authority's decision to admit the Section 7 Application based on the admitted financial debt and the failure to honor the previous settlement agreement. The Tribunal's decision allowed for the potential resolution of the dispute through a settlement process under Section 12A.