2019 (12) TMI 128 - Tri - Insolvency and Bankruptcy

Maintainability of application - initiation of CIRP - default committed by the Corporate Debtor in repaying amount alongwith interest - existence of debt and default or not - HELD THAT - The Corporate Debtor counsel has admitted the debt and default, whereby looking at the request of the Corporate Debtor for grant of loan, entries of the payments to the Corporate Debtor made by the Applicant through Bank Account on various dates as reflected in the above said table and the Corporate Debtor failing to repay the same, it can be said that this Applicant has proved existence of debt and default with regard to the loan of ₹ 32,00,000 given by the Applicant. Application admitted - moratorium declared.

Summary

Issues:
Insolvency & Bankruptcy Application under Section 7 of the Insolvency & Bankruptcy Code, 2016 for initiation of Corporate Insolvency Resolution Process due to default in repayment by Corporate Debtor.

Analysis:
The judgment pertains to an Insolvency & Bankruptcy Application (IBA) filed under Section 7 of the Insolvency & Bankruptcy Code, 2016 by the Applicant/Financial Creditor against the Corporate Debtor. The application was based on the default committed by the Corporate Debtor in repaying a specific amount along with interest as per the terms outlined in a letter dated 01.04.2018. The Applicant had advanced a loan of ?32,00,000 to the Corporate Debtor at an interest rate of 9% per annum, as requested by the Corporate Debtor to overcome financial constraints.

Upon reviewing the application, it was noted that the Corporate Debtor had requested the loan, and the Applicant had disbursed the specified amount as detailed in the letter dated 01.04.2018. The Applicant provided evidence of loan disbursement through a Statement of Account from 02.04.2018 to 30.04.2018, showing remittances made to the Corporate Debtor on various dates. Subsequently, when the repayment was not received, the Applicant issued multiple demand notices to the Corporate Debtor, who acknowledged the debt but cited financial difficulties for non-repayment.

The Tribunal acknowledged the contentions put forth by the Corporate Debtor's counsel, confirming the debt and default. The entries of payments made by the Applicant to the Corporate Debtor through bank transactions were considered as evidence of the debt owed by the Corporate Debtor. Consequently, the Tribunal found that the Applicant had sufficiently proven the existence of the debt and default related to the loan amount of ?32,00,000.

Based on the evidence presented and the admission of debt and default by the Corporate Debtor, the Tribunal admitted the application and appointed an Interim Resolution Professional to oversee the Corporate Insolvency Resolution Process. The Tribunal also declared a moratorium, prohibiting certain actions against the Corporate Debtor, ensuring the continuity of essential services, and specifying the effective period of the moratorium until the resolution process is completed or liquidation is ordered. The public announcement of the insolvency resolution process was mandated, and the Registry was directed to communicate the order to the relevant parties promptly.