9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (5) TMI 939 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors or not - existence of debt or dispute or not - HELD THAT - It is found that due to defaults committed by the respondent/CD, the account of the CD was classified as NPA on 27.12.2018. Subsequently, the FC has issued Demand Notice dated 08.01.2019 (page 73) under section 13(2) of SARFAESI Act demanding total outstanding dues. Unable to get response from the CD, the FC has taken symbolic possession of properties on 07.06.2019 and 20.06.2019. Both the parties have preferred proceedings before different forums. The respondent/had preferred a writ petition before the Hon'ble High Court of Telangana - the Adjudicating Authority admits this Petition under Section 7 of IBC, 2016, declaring moratorium for the purposes referred to in Section 14 of the Code - Petition allowed.
Issues:
1. Admission of petition under Section 7 of Insolvency and Bankruptcy Code, 2016. 2. Existence of debt and default by the respondent/Corporate Debtor. 3. Actions taken by the Financial Creditor/Bank of Maharashtra due to default. 4. Proceedings initiated by both parties before different forums. 5. Directions and orders issued by the Tribunal upon admitting the petition. Issue 1: Admission of petition under Section 7 of Insolvency and Bankruptcy Code, 2016 The Tribunal analyzed the application filed by the Stressed Asset Management Branch of Bank of Maharashtra against SVSVS Projects Private Limited under Section 7 of the Insolvency and Bankruptcy Code, 2016. The petition sought admission, initiation of Corporate Insolvency Resolution Process (CIRP), granting moratorium, and appointment of an Interim Resolution Professional. The Tribunal reviewed the documents provided by the Financial Creditor, confirming the disbursal of credit facilities to the Corporate Debtor, establishing the existence of debt and default. Issue 2: Existence of debt and default by the respondent/Corporate Debtor The Tribunal observed that the respondent/Corporate Debtor had defaulted on its financial debt, leading to the account being classified as Non-Performing Asset (NPA) on a specific date. The Financial Creditor had issued a Demand Notice under the SARFAESI Act due to the defaults committed by the Corporate Debtor. Despite pending proceedings in other forums, the Adjudicating Authority was not deterred from admitting the petition as long as the debt and default were proven. Issue 3: Actions taken by the Financial Creditor/Bank of Maharashtra due to default The Financial Creditor initiated proceedings under section 13(2) of the SARFAESI Act by issuing a Demand Notice and taking symbolic possession of properties due to the default by the Corporate Debtor. Various actions were taken to recover the outstanding dues, including e-auction of properties. However, legal proceedings were initiated by both parties in different forums, which were pending decision but did not prevent the Adjudicating Authority from admitting the petition. Issue 4: Proceedings initiated by both parties before different forums Both parties had initiated legal proceedings before different forums, with the Corporate Debtor filing a writ petition before the High Court of Telangana and the Financial Creditor filing before the Debt Recovery Tribunal. Despite these proceedings being pending, the Adjudicating Authority admitted the petition based on the established debt and default, emphasizing that ongoing legal actions did not preclude admission under the Insolvency and Bankruptcy Code. Issue 5: Directions and orders issued by the Tribunal upon admitting the petition Upon admitting the petition under Section 7 of the IBC, 2016, the Tribunal declared a moratorium, prohibiting various actions against the Corporate Debtor, ensuring the continuation of essential goods or services, and specifying the effect of the moratorium until the completion of the CIRP or liquidation. The Tribunal appointed an Interim Resolution Professional and directed the public announcement of the initiation of the CIRP, ensuring compliance with the relevant regulations and notifying the Registrar of Companies regarding the Corporate Debtor's status under CIRP. The Tribunal's detailed order included specific directions and appointments to facilitate the resolution process effectively.
|
