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2020 (9) TMI 701 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT - The application made by the Operational Creditor is complete in all respects as required by law. It clearly shows that the Corporate Debtor is in default of a debt due and payable, and the default is in excess of minimum amount of one lakh rupees stipulated under section 4(1) of the IBC. Therefore, the default stands established and there is no reason to deny the admission of the Petition. In view of this, this Adjudicating Authority admits this Petition and orders initiation of CIRP against the Corporate Debtor. Application admitted - moratorium declared.
Issues Involved:
Company Petition under section 9 of the Insolvency & Bankruptcy Code, 2016 for Corporate Insolvency Resolution Process against a Private Limited Company. Detailed Analysis: 1. Jurisdiction and Background: The Company Petition was filed by an Operational Creditor against a Corporate Debtor who failed to make payment of a substantial amount. The Corporate Debtor is a private company incorporated under the Companies Act, 1956 with its registered office in Maharashtra. The petition was filed based on default in payment by the Corporate Debtor. 2. Operational Creditor's Claims: The Operational Creditor's case included details of invoices raised, unpaid amounts, VAT and GST payments, and notifications to the Corporate Debtor about outstanding amounts. The Operational Creditor highlighted the Corporate Debtor's persistent default in making payments, raising concerns about its financial solvency. 3. Legal Proceedings: The Operational Creditor served a Demand Notice in accordance with the IBC, which went unanswered. The petition was duly served on the Corporate Debtor, who failed to respond or dispute the claims. The court proceedings involved multiple hearings and submissions from both parties. 4. Court Orders and Adjudication: The court heard arguments from the Operational Creditor and the Director of the Corporate Debtor. The Director admitted liability, and subsequent hearings focused on clarifications and settlement discussions. The court noted the absence of a Board Resolution initially but later accepted the resolution provided by the Operational Creditor. 5. Admission of Petition and Moratorium: The court found the Operational Creditor's application complete and established the Corporate Debtor's default. Consequently, the court admitted the petition and ordered the initiation of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. A moratorium was declared under section 14 of the IBC, affecting various legal actions and property transactions involving the Corporate Debtor. 6. Appointment of Interim Resolution Professional (IRP): An IRP was appointed to manage the Corporate Debtor's affairs during the CIRP period. The IRP was directed to file necessary consent and carry out functions as per the IBC. The court outlined the responsibilities and reporting requirements of the IRP during the resolution process. 7. Financial Obligations and Communication: The Operational Creditor was directed to deposit a specified sum with the IRP for expenses related to public notices and claims. The court instructed the Registry to communicate the order to all relevant parties promptly and update the Registrar of Companies regarding the Corporate Debtor's status. This detailed analysis covers the key legal aspects and proceedings outlined in the judgment delivered by the National Company Law Tribunal, Mumbai Bench.
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