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2019 (11) TMI 1073 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - application has been filed in Form-5 as prescribed in Rule 6(1) of the Rules - HELD THAT - We have perused the application in Form-5, which is complete in all respects. The petitioner-operational creditor has filed this petition in prescribed form after expiry of 10 days of service of demand notice and thereby, complying with the requirement of sub-sections (1) and (2) of Section 9 of the Code. The petitioner has also complied with various requirements of sub-clauses of sub-section (3) of Section 9 of the Code. The bank statement issued by HDFC Bank, where the petitioner is maintaining its account is also filed, the same is at Annexure A-7. All the ingredients of clause (i) of sub-section (5) of Section 9 of the Code stand fulfilled as the application is found to be complete in all respects - application admitted - moratorium declared.
Issues involved:
Application under Section 9 of the Insolvency and Bankruptcy Code, 2016 for initiation of Corporate Insolvency Resolution Process. Detailed Analysis: 1. Filing of Application: The petitioner, an operational creditor, filed the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, along with necessary documents and affidavits, in the prescribed format as per Rule 6(1) of the Rules. 2. Debt and Default: The petitioner supplied goods to the respondent-corporate debtor, who failed to pay the outstanding amount of ?5,22,019, including ?4,35,016 as the principal amount. The petitioner maintained detailed records of transactions and sent a demand notice under Section 8 of the Code, which remained unanswered. 3. Service of Notice: Despite multiple attempts to serve notice to the respondent-corporate debtor, including through postal services and email, the respondent failed to respond or appear before the Tribunal, leading to a lack of representation from their side. 4. Compliance and Amendments: The petitioner complied with all legal requirements, including the submission of necessary forms, bank statements, and appointment of a proposed Resolution Professional. Additionally, necessary amendments were made to the memo of parties during the proceedings. 5. Admission of Application: After careful consideration of the application, the Tribunal found it complete and in compliance with the provisions of the Code. Consequently, the Corporate Insolvency Resolution Process was initiated, and a moratorium was declared on the respondent-corporate debtor. 6. Appointment of Interim Resolution Professional: Mr. Mast Ram was appointed as the Interim Resolution Professional, with specific directions regarding the management of the corporate debtor's affairs, suspension of the Board of Directors' powers, and the conduct of the resolution process in accordance with the Code and relevant regulations. 7. Further Directions: The Interim Resolution Professional was tasked with various responsibilities, including preparing an inventory of assets, constituting a Committee of Creditors, filing progress reports, and ensuring cooperation from the corporate debtor and associated parties. 8. Effect of Order: The moratorium declared by the Tribunal would remain in effect until the completion of the insolvency resolution process or until a decision on liquidation is made, as per the provisions of the Code. In conclusion, the Tribunal admitted the application, initiated the Corporate Insolvency Resolution Process, declared a moratorium, and appointed an Interim Resolution Professional to manage the affairs of the respondent-corporate debtor in accordance with the Insolvency and Bankruptcy Code, 2016.
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