9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (5) TMI 116 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - Financial Creditors - Finance Lease - existence of debt and dispute or not - HELD THAT - On careful examination of the relevant clauses of the Master Rental Agreement (MRA), the transaction takes the form of financial debt in respect of which there is an amount of the liability in respect of the lease which is deemed as a 'financial lease' under the Accounting Standards (AS) - ICAI. Further, as per Section 5(8)(e) a 'financial debt' includes receivables sold or discounted other than any receivables sold on non-recourse basis - the amount due to the Applicant Bank constitutes a 'financial debt' which was disbursed to the successor for the time value of money. The contention of the Respondent rejecting the claim of the Applicant Bank do not hold good in view of the reference to the nature of rental agreement which is a financial lease agreement in substance then in form, which is capable of being assigned as per the Clause 26 of the agreement and consequent upon purchase of the rent receivable contained therein the Applicant Bank has acquired the right of the financial creditor as succession in interest - The rejection of the claim by the Respondent in respect of Term Loan II is hereby set aside and since the claim of the Applicant Bank in relation to Term Loan II qualifies to be a 'financial debt', it is directed that the Respondent to admit the claim of the Applicant Bank in relation to Term Loan II and treat the Applicant Bank as a 'Financial Creditor' in terms of the provisions of IBC, 2016. Application allowed.
Issues Involved:
1. Validity of the rejection of the Applicant Bank’s claim as a Financial Creditor for Term Loan II. 2. Classification of the transaction under the Master Rental Agreement (MRA) as a financial lease or operational lease. 3. Applicability of Accounting Standards (AS) 19 in determining the nature of the lease. 4. Examination of the documents and clauses governing the transaction. Detailed Analysis: 1. Validity of the rejection of the Applicant Bank’s claim as a Financial Creditor for Term Loan II: The Applicant Bank filed an application under Section 60 (5) (b) and (c) of the Insolvency and Bankruptcy Code (IBC) 2016, challenging the decision of the Interim Resolution Professional (IRP) who partially rejected their claim related to Term Loan II. The Applicant Bank argued that the transaction with Rentworks India Pvt. Ltd. (Rentworks) for the purchase of rent receivables should have been accepted as a financial debt. 2. Classification of the transaction under the Master Rental Agreement (MRA) as a financial lease or operational lease: The Applicant Bank contended that the transaction under the MRA, which involved the Corporate Debtor and Rentworks, should be classified as a financial lease. They cited various clauses from the MRA to demonstrate that the risks and rewards of the leased equipment were transferred to the Corporate Debtor, making it a financial lease. The IRP, however, rejected the claim on the grounds that the transaction was treated as an operational debt by the parties involved and not as a financial transaction. 3. Applicability of Accounting Standards (AS) 19 in determining the nature of the lease: The Applicant Bank referred to Accounting Standard (AS) 19 issued by the Institute of Chartered Accountants of India, which defines the criteria for classifying leases as either financial or operational. They argued that the lease in question met the criteria for a financial lease, as it involved the transfer of substantially all risks and rewards incidental to ownership to the Corporate Debtor. The IRP did not apply these standards, leading to an incorrect classification of the transaction. 4. Examination of the documents and clauses governing the transaction: The Tribunal examined the Master Rental Agreement dated 29.06.2011 and the documents evidencing the purchase of rental receivables by the Applicant Bank from Rentworks. It was observed that the MRA allowed for the assignment of rights and obligations, and the Applicant Bank's purchase of rent receivables constituted a financial debt as it was disbursed against the consideration for the time value of money. The Tribunal concluded that the rejection of the Applicant Bank's claim by the IRP was not justified. Conclusion: The Tribunal set aside the rejection of the Applicant Bank's claim in respect of Term Loan II, directing the IRP to admit the claim and treat the Applicant Bank as a Financial Creditor under the provisions of IBC, 2016. The application was allowed, recognizing the transaction as a financial lease and the Applicant Bank’s right as a successor in interest.
|
