2021 (4) TMI 1071 - Tri - Insolvency and Bankruptcy

Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors or not - existence of debt and dispute or not - HELD THAT - This Adjudicating Authority is satisfied that the Operational Creditor has proved its case by placing evidence that default has occurred for which the Corporate Debtor was liable to pay. The Operational Creditor has also placed on record of proof of sending notices to the Respondent/Corporate Debtor for their appearance and for making submissions also along with the requirements as stipulated under the provisions of the IB Code, 2016 for the purpose of initiating Corporate Insolvency Resolution Process. In these circumstances, having satisfied with the submissions made by the Petitioner/Operational Creditor, this Adjudicating Authority is inclined to admit the instant Application. Application admitted - moratorium declared.

Issues Involved:
Company Application under section 9 of the Insolvency and Bankruptcy Code, 2016 for initiation of Corporate Insolvency Resolution Process against a Corporate Debtor.

Detailed Analysis:

1. Operational Creditor's Submission:
The Operational Creditor, engaged in providing cranes on rent and hire services, entered into an agreement with the Corporate Debtor for crane services. Despite providing services as per contract, some bills remained unpaid, leading to a default amounting to ?18,28,000/- as on 31.03.2010. The Corporate Debtor delayed payments, citing financial difficulties, and failed to raise any dispute regarding the unpaid debt.

2. Corporate Debtor's Response:
The Corporate Debtor, in its counter/reply, stated an inability to pay the dues due to business stagnation and loss of opportunities for revival in the pandemic situation.

3. Adjudication and Decision:
After hearing the submissions and reviewing the evidence, the Adjudicating Authority found the Operational Creditor's case proven. The Authority acknowledged the Operational Creditor's compliance with the requirements of the IB Code, 2016 for initiating Corporate Insolvency Resolution Process. Consequently, the Authority admitted the Company Application and ordered the commencement of the CIRP, appointing an Interim Resolution Professional (IRP) to manage the Corporate Debtor's affairs.

4. Moratorium and Directions:
The Adjudicating Authority declared a moratorium from the date of the order till the completion of CIRP, prohibiting various actions against the Corporate Debtor. Essential goods or services supply to the Corporate Debtor was to continue uninterrupted during the moratorium period. The IRP was directed to comply with specific sections of the Code, and the Directors and Promoters of the Corporate Debtor were instructed to cooperate with the IRP.

5. Compliance and Communication:
The Registry was directed to send a copy of the order to the IRP, Operational Creditor, and Corporate Debtor for necessary compliance. Additionally, the ROC, Hyderabad, was to be informed for updating the Corporate Debtor's status on the MCA website.

6. Conclusion:
The Company Application was admitted, and the CIRP process was initiated, with detailed directions issued for the management of the Corporate Debtor's affairs during the insolvency resolution process.

This comprehensive summary provides a detailed analysis of the legal judgment delivered by the National Company Law Tribunal, Hyderabad Bench, regarding the initiation of Corporate Insolvency Resolution Process against the Corporate Debtor based on the Operational Creditor's application under the Insolvency and Bankruptcy Code, 2016.

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