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2020 (9) TMI 944 - 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 - Time Limitation - HELD THAT - It is pertinent to note that the corporate debtor has failed to appear and present his defense hence has been proceeded ex-parte vide order dated 12.02.2020 - The date of default is 22.12.2016 and the present application is filed on 17.12.2019. Hence the application is not time barred and filed within the period of limitation - The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. The present application is filed on the Performa prescribed under Rule 6 of the Insolvency and Bankruptcy Code, 2016 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 r/w Section 9 of the code and is complete. Considering the submission of counsel and documents on record the applicant is entitled to claim its dues, establishing the default in payment of the operational debt. Hence, the application is admitted - application admitted - moratorium declared.
Issues: Application under Section 9 of the Insolvency and Bankruptcy Code, 2016 for initiation of Corporate Insolvency process against a company, non-payment of dues, interest calculation, failure to appear by the corporate debtor, jurisdiction of the Tribunal, appointment of Interim Resolution Professional, moratorium, deposit requirement, communication of order.
Analysis: 1. Application under Section 9 of the Insolvency and Bankruptcy Code: The application was filed by the proprietor of a firm seeking to initiate the Corporate Insolvency process against a company for non-payment of dues. The applicant provided details of the business transactions and the outstanding amounts due, along with interest calculations as per the agreed terms. 2. Failure of Payment and Interest Calculation: The applicant detailed the invoices issued to the corporate debtor, partial payments made, and the outstanding amounts due. Additionally, the applicant calculated interest at 2% per month on the unpaid invoices from the month following invoicing. The total amount claimed included the pending value of sales and accrued interest. 3. Non-Appearance of Corporate Debtor: Despite multiple reminders and a demand notice, the corporate debtor failed to honor its payment obligations and did not respond to the notice sent under Section 8 of the Insolvency and Bankruptcy Code. Consequently, the corporate debtor was proceeded against ex-parte, leading to the filing of the application under Section 9 of the Code. 4. Jurisdiction of the Tribunal: The Tribunal established its jurisdiction to entertain and try the application based on the location of the corporate debtor's registered office in Delhi. This jurisdictional aspect was crucial for the Tribunal to proceed with the case. 5. Appointment of Interim Resolution Professional: Following the admission of the application, the Tribunal appointed an Interim Resolution Professional to oversee the insolvency resolution process. The appointed professional was required to comply with regulatory requirements and file necessary forms within a specified timeframe. 6. Moratorium and Deposit Requirement: Upon admission of the application, a moratorium was imposed on the corporate debtor as per Section 14(1) of the Code. The applicant was directed to deposit a specified sum with the Interim Resolution Professional to cover expenses and fulfill obligations during the resolution process. 7. Communication of Order: The Tribunal directed the communication of the order to the applicant, corporate debtor, and the appointed Interim Resolution Professional. Additionally, copies of the order were to be forwarded to relevant authorities for compliance and record-keeping purposes. This comprehensive analysis covers the key issues addressed in the judgment, highlighting the legal proceedings and decisions made by the Tribunal in the context of the Insolvency and Bankruptcy proceedings.
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