2019 (9) TMI 839 - AT - Insolvency and Bankruptcy

Admissibility of application - Initiation of CIRP - Corporate Debtor had issued post-dated cheques which got dishonoured - Existence of dispute or not - HELD THAT - There is existence of dispute and the application u/s 9 was not maintainable. However, further the counsel for the Appellant has handed over the draft of ₹ 2,81,250/- dated 8th March, 2019 issued by the IDBI Bank, Chandrapur, Maharashtra. We are of the view that it is a fit case to close the proceedings. Application dismissed.

Summary

Issues:
1. Admissibility of application under Section 9 of the Insolvency and Bankruptcy Code, 2016.
2. Existence of dispute between the parties.
3. Settlement of the matter through payment.

Issue 1: Admissibility of application under Section 9 of the Insolvency and Bankruptcy Code, 2016:
The appeal was filed against an order admitting an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by an Operational Creditor for a claimed amount. The Appellant argued that the Corporate Debtor should not suffer for a small amount and was ready to pay the claimed sum. The Operational Creditor claimed that post-dated cheques issued by the Corporate Debtor were dishonored, leading to the application under Section 9. However, it was revealed that a civil suit was filed by the Corporate Debtor prior to the demand notice, indicating an ongoing dispute.

Issue 2: Existence of dispute between the parties:
The Tribunal found that there was indeed an "existence of dispute" between the parties, as evidenced by the civil suit filed by the Corporate Debtor against the Operational Creditor seeking to restrain encashment of cheques. This dispute indicated that the application under Section 9 of the Insolvency and Bankruptcy Code was not maintainable. Additionally, the Appellant presented a draft for the claimed amount, further supporting the settlement of the matter.

Issue 3: Settlement of the matter through payment:
Considering the presented draft for the claimed amount and the existence of a dispute between the parties, the Tribunal deemed it a fit case to close the proceedings. Consequently, the impugned order admitting the application under Section 9 was set aside, and the application was dismissed as not maintainable. The settlement through payment of the claimed sum led to the release of the Respondent Company from the legal proceedings, allowing it to function independently through its Board of Directors immediately.

In conclusion, the Tribunal dismissed the application under Section 9 of the Insolvency and Bankruptcy Code, set aside related orders, and allowed the Respondent Company to operate independently. The matter was settled through payment, demonstrating the importance of resolving disputes and ensuring fair treatment of all parties involved in insolvency proceedings.