2019 (10) TMI 595 - Tri - Insolvency and Bankruptcy

Maintainability of petition - initiation of CIRP - Corporate Debtor did not pay the outstanding amount and hence defaulted in payment of the operational debt - Section 9 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT - The Corporate Debtor has admitted to the default in payment of dues to the Operational Creditor stating that the Corporate Debtor is unable to pay the outstanding dues of the Operational Creditor due to circumstances and factors wholly beyond the control of the Corporate Debtor - The Operational Creditor has not proposed the name of an Interim Resolution Professional IRP . The Operational Creditor in the case in hand, succeeds in proving all the ingredients of Section 9(5)(i) of the Code and therefore, the application is liable to be admitted. The application filed by the Operational Creditor under Section 9 of the Insolvency Bankruptcy Code, 2016 for initiating Corporate Insolvency Resolution Process against the Corporate Debtor, Kampilya Builders Private Limited is hereby admitted - Moratorium declared.

Summary

Issues: Application under Section 9 of the Insolvency and Bankruptcy Code for initiating Corporate Insolvency Resolution Process.

Analysis:
1. Operational Debt Claim: An operational creditor filed an application under Section 9 of the Insolvency and Bankruptcy Code, claiming unpaid operational debt from the corporate debtor. The creditor alleged that despite demand, the debtor failed to pay the outstanding amount, leading to default.

2. Operational Creditor's Claims: The operational creditor detailed the transactions where goods were supplied to the corporate debtor, invoices were raised, and despite multiple reminders, the debt remained unpaid. A demand notice was issued under Section 8 of the Code, which the debtor acknowledged but did not settle.

3. Corporate Debtor's Response: The corporate debtor admitted to the default in payment but contested the total outstanding amount, claiming inability to pay due to external factors beyond its control. The debtor undertook to clear the dues at the earliest opportunity.

4. Documentary Evidence: The operational creditor presented various documents, including waybills, tax invoices, ledger accounts, demand notices, and bank statements, to substantiate the operational debt claim against the debtor.

5. Judicial Decision: After hearing both parties, the Tribunal found that the operational creditor successfully proved the default in payment by the corporate debtor. As all requirements under Section 9(5)(i) of the Code were met, the application was admitted for initiating the Corporate Insolvency Resolution Process.

6. Orders Issued: The Tribunal declared a moratorium, initiated a public announcement, and appointed an Interim Resolution Professional. Further directives included payment of fees to the I.R.P., convening a Committee of Creditors, and setting deadlines for resolution plan submission and identification of a prospective resolution applicant.

7. Future Proceedings: The matter was listed for a progress report filing, and certified copies of the order were to be issued to all concerned parties upon compliance with formalities. The Tribunal ensured communication of the order to the operational creditor, corporate debtor, and the appointed I.R.P. for further proceedings.