9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (12) TMI 432 - Tri - IBCMaintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT - The total debt due and payable to the Financial Creditors is ₹ 38,07,300 - Upon perusal of the Rule Book, Application Form, certificates and receipts issued by the Corporate Debtor under its CIS, we are satisfied that this is a case of assured return or interest, which is a 'financial debt' within the meaning of section 5(8) of the IBC. It may be usefully noted that in the case of Nikhil Mehta Sons HUF others v AMR Infrastructures Limited, 2017 (8) TMI 1017 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI the Hon'ble NCLAT has held that those who have commitment to pay 'assured return,' 'interest,' etc. are covered by the expression financial creditor. Order of the Ld. MPID Court, auction of the properties by the Regulatory Authority in coordination with the officials of the State Government and reports of attachment of properties worth several crores of Rupees by the Enforcement Directorate, we are of the considered view that at this advanced stage no meaningful purpose would be served by admitting the petition for initiating CIRP against the Corporate Debtor, imposing moratorium and appointing an Interim Resolution Professional etc. In terms of section 7(5)(b) of the IBC, the Registry is directed to communicate this Order to the Financial Creditors and the Corporate Debtor by Speed Post and email immediately, and in any case, not later than two days from the date of this Order.
Issues:
1. Jurisdiction of the Bench to deal with the petition under section 7 of the Insolvency & Bankruptcy Code, 2016. 2. Failure of the Corporate Debtor to make payments leading to the petition. 3. Nature of the schemes floated by the Corporate Debtor and the financial debt due to the creditors. 4. Appointment of Interim Resolution Professional proposed by the Financial Creditors. 5. Lack of reply from the Corporate Debtor. 6. Comparison with a similar case involving SEBI orders and the appointment of an IRP. 7. Identification of the debt as a financial debt under the IBC. 8. Orders and developments related to the auction of properties and attachment of assets by SEBI and other authorities. 9. Decision on admitting the petition for initiating Corporate Insolvency Resolution Process (CIRP). Jurisdiction of the Bench: The judgment establishes the jurisdiction of the Bench to handle the petition under section 7 of the Insolvency & Bankruptcy Code, 2016, based on the incorporation details and registered office location of the Corporate Debtor. Failure to Make Payments: The petition was filed due to the Corporate Debtor's failure to pay a significant sum of principal and interest to the Financial Creditors, highlighting different default dates for each creditor. Nature of Schemes and Financial Debt: The Financial Creditors invested in a Collective Investment Scheme (CIS) by the Corporate Debtor, which was deemed a financial debt under the IBC. The total debt due to the creditors was specified in the petition. Appointment of Interim Resolution Professional: The Financial Creditors proposed the appointment of an Interim Resolution Professional, providing necessary documentation and details for the appointment process. Lack of Reply from Corporate Debtor: The Corporate Debtor did not submit any response to the petition, indicating a lack of engagement in the proceedings. Comparison with Similar Case and SEBI Orders: The judgment referenced a similar case involving SEBI orders and the appointment of an IRP, highlighting relevant legal proceedings and the involvement of higher courts in related matters. Identification of Debt as Financial Debt: The judgment identified the debt as a financial debt under the IBC, citing legal precedents and interpretations to support the classification. Orders and Developments on Property Auctions: Significant developments regarding the auction of properties by SEBI, attachment of assets by authorities, and related criminal proceedings were detailed, influencing the decision-making process. Decision on Admitting the Petition: Considering the advanced stage of property auctions, attachment of assets, and related developments, the Bench decided not to admit the petition for initiating CIRP against the Corporate Debtor, emphasizing the lack of meaningful purpose at that stage. This comprehensive analysis covers the various issues addressed in the judgment, providing a detailed understanding of the legal proceedings and decisions made by the Tribunal.
|
