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2018 (5) TMI 1558 - Tri - Insolvency and BankruptcyInitiation of Corporate Insolvency Resolution Process for the Corporate Debtor - appointment of Interim Resolution Professional (IRP) under the Insolvency and Bankruptcy Code, 2016 - Held that - Mr. S. R. Krishnan is appointed as IRP and is directed to take charge of the Corporate Debtor s assets and management immediately. The supply of essential goods or services of the Corporate Debtor shall not be terminated or suspended or interrupted during moratorium period. The provisions of Sub-section (1) of Section 14 shall not apply to such transactions, as notified by the Central Government - The IRP shall comply with the provisions of Sections 13(2), 15, 17 & 18 of the Code. The directors of the Corporate Debtor, its promoters or any person associated with the Management of the Corporate Debtor are/is directed to extend all assistance and cooperation to the IRP as stipulated under Section 19 and for discharging his functions under Section 20 of the I&B Code, 2016. Registry is directed to issue the copy of this Order informing the IRP to make compliance with this Order as per the provisions of I&B Code, 2016.
Issues involved: Application under Section 10 of the Insolvency and Bankruptcy Code, 2016 for Corporate Insolvency Resolution Process, appointment of Interim Resolution Professional (IRP), declaration of moratorium.
Analysis: 1. The Application was filed by the Corporate Debtor under Section 10 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process, declare moratorium, and appoint an Interim Resolution Professional (IRP). The total outstanding debt owed by the Corporate Debtor to Financial Creditors and Operational Creditors was specified in the Application. The Corporate Debtor had obtained loans from various creditors, and details of the defaults were provided in the Application along with financial statements and balance sheets. The Tribunal examined the evidence of default presented by the Corporate Debtor and found it to be a suitable case for admission under Section 10 of the I&B Code, 2016. 2. The Tribunal noted that the Corporate Debtor had defaulted on payments to both Financial Creditors and Operational Creditors. The default amounts were clearly stated in the Application along with supporting documents such as loan agreements, promissory notes, financial statements, and books of account. The Tribunal found the evidence presented by the Corporate Debtor to be sufficient to establish the default and justify the admission of the Application for initiating the insolvency resolution process. 3. The Tribunal ordered the admission of the Application and the commencement of the corporate insolvency resolution process for the Corporate Debtor. An Interim Resolution Professional (IRP) was appointed to take charge of the Corporate Debtor's assets and management immediately. The Tribunal declared a moratorium from the date of the order until the completion of the insolvency resolution process, prohibiting various actions against the Corporate Debtor, including the institution of suits, transferring of assets, enforcement of security interests, and recovery of property. The Tribunal also directed the IRP to comply with specific provisions of the Insolvency and Bankruptcy Code and ordered the directors and promoters of the Corporate Debtor to cooperate with the IRP in discharging their functions. 4. The Tribunal instructed the Registry to issue copies of the order to the IRP and the Corporate Debtor for compliance with the provisions of the Insolvency and Bankruptcy Code. Contact details of the appointed IRP were provided for communication purposes. The order was pronounced in the presence of the Counsel for the Corporate Debtor, concluding the proceedings related to the admission of the Application and the appointment of the IRP for the Corporate Debtor.
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