2019 (7) TMI 834 - Tri - Insolvency and Bankruptcy

Admissibility of petition - initiation of Corporate Insolvency Resolution Process - Corporate-Debtor - Section 9 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT - The Corporate-Debtor did not deny its loan liability which is more than of rupees one lakh i.e. ₹ 12,13,360/- but has offered for settlement. Thus the debt-due is admitted and the default is duly established. The present IB. Petition is filed by the duly authorised signatory and it is filed well within limitation. Its filing is in order. The present IB petition filed under Section 9 of the code is found complete for the purpose of initiation of Corporate-Interim- Resolution-Process in respect of Corporate-Debtor-Company - the present IB petition is admitted - Moratorium declared.

Summary

Issues:
1. Initiation of Corporate Insolvency Resolution Process under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the Operational Creditor against the Corporate-Debtor-Company.

Analysis:
1. The Operational Creditor, M/s. Kwality Industries (Bhopal) Limited, filed a petition seeking initiation of Corporate Insolvency Resolution Process against the Corporate-Debtor-Company, M/s. Lifespan Biotech Private Limited, for defaulting on payments for corrugated boxes purchased from the Operational Creditor since May 23, 2017, amounting to ?12,13,360.

2. The Respondent/Corporate-Debtor-Company opposed the petition, citing a factory accident on October 18, 2017, resulting in severe losses and damage to its operational capabilities. The Respondent claimed insurance for ?2,18,00,000, pending payment, and offered to settle dues by selling a piece of land belonging to its promoter.

3. The Corporate-Debtor acknowledged the debt but offered a settlement due to financial crisis caused by the accident. The petition was found complete and in order for initiating the Corporate Insolvency Resolution Process under Section 9 of the Insolvency and Bankruptcy Code.

4. The Tribunal admitted the petition, declared a moratorium on legal actions against the Corporate-Debtor, appointed an Interim-Resolution-Professional, and directed the continuation of essential goods/services supply to the Corporate-Debtor during the moratorium period. The Interim-Resolution-Professional was instructed to act as per the provisions of the Code and make a public announcement of the moratorium.

5. The order of moratorium was to be in effect until the completion of the Corporate Insolvency Resolution Process. The Registry was directed to communicate the order to all relevant parties, including the Corporate-Debtor-Company, the Interim-Resolution-Professional, and the Registrar of Companies promptly, thereby disposing of the petition accordingly.