2021 (5) TMI 348 - Tri - Insolvency and Bankruptcy

Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Corporate Applicant failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT - The 'debt' and 'default' on the part of the Corporate Debtor is proved and under these circumstances, this Application as filed by the Applicant under Section 10 of IBC, 2016 is required to be admitted under Section 10(4) of the IBC, 2016. Application admitted - moratorium declared.

Summary

Issues:
Admission of Application under Section 10 of IBC, 2016 based on NCLAT's remand order.

Analysis:
The judgment deals with an Application filed under Section 10 of the Insolvency and Bankruptcy Code, 2016 ("IBC, 2016") by M/s. JKS THE BANYAAN PRIVATE LIMITED ("Petitioner") which was initially dismissed by the Tribunal but remanded back by the Hon'ble NCLAT. The NCLAT remand order highlighted the establishment of debt and default by the Corporate Debtor, leading to the setting aside of the dismissal order passed by the Tribunal. As a result, the Application is required to be admitted under Section 10(4) of the IBC, 2016 based on the NCLAT's findings.

The judgment further discusses the appointment of an Interim Resolution Professional (IRP) by the Corporate Debtor, as proposed by the Applicant. The proposed IRP, Mr. J. Manivannan, has provided his written consent and is tasked with overseeing the Corporate Insolvency Resolution Process (CIRP) in accordance with the provisions of the IBC, 2016. The powers of the Board of Directors of the Corporate Debtor are superseded upon initiation of the CIRP, emphasizing the transition in control during the resolution process.

Additionally, the judgment delves into the implications of admitting the Application under Section 10 of the Code, triggering a moratorium under Section 14(1) of the IBC, 2016. The moratorium encompasses restrictions on legal actions against the Corporate Debtor, transfer of assets, enforcement of security interests, and recovery of property. The duration of the moratorium, as outlined in Section 14(4) of the Code, remains in effect until the completion of the Corporate Insolvency Resolution Process, subject to specific circumstances such as approval of a Resolution Plan or liquidation order.

Conclusively, the judgment declares the admission of the Petition under Section 10 of the Code, initiating the moratorium with immediate effect. The Registry is directed to communicate the Order to the Corporate Debtor, forward a copy to IBBI for records, and provide the appointed IRP with a copy for further proceedings and communication to the relevant authorities, ensuring the commencement of the CIRP in relation to the Corporate Debtor.