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2021 (8) TMI 211 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - existence of debt and dispute or not - HELD THAT - In view of specific admission of the debt and the liability to pay, as evidenced by the settlement deed executed by the respondent-corporate debtor and filed before this Adjudicating Authority, the petition is admitted for initiation of the CIR Process in the case of the Corporate Debtor, M/s. K.C. Land Finance Ltd. and it is also directed that the moratorium to take effect and Interim Resolution Professional to be appointed. Application admitted - moratorium declared.
Issues:
Initiation of Corporate Insolvency Process under Section 7 of IBC, 2016 - Rejection of application by NCLT and appeal to NCLAT - Settlement proposal between parties - Dismissal of C.P. with liberty to revive - Restoration of C.P. due to breach of settlement terms - Dispute over interest calculation and settlement deed terms - Admittance of petition for CIR Process - Declaration of moratorium and appointment of Interim Resolution Professional. Detailed Analysis: 1. Initiation of Corporate Insolvency Process: The petition was filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 by the Financial Creditor against the Corporate Debtor, seeking to initiate the Corporate Insolvency Process. Initially, the application was rejected by the Tribunal, but upon appeal to the NCLAT, the appeal was allowed, and the matter was remitted back to the Adjudicating Authority for further proceedings. 2. Settlement Proposal and Dismissal with Liberty to Revive: During the appeal process, a settlement proposal was presented by the Respondent to pay the principal amount along with interest in installments. Subsequently, an amicable settlement was reached between the parties, leading to the dismissal of the Corporate Petition with liberty to the petitioner to revive the same if the terms of the settlement deed were not complied with by the Corporate Debtor. 3. Restoration of Corporate Petition: Following the breach of the settlement terms by the Corporate Debtor, the Applicant filed for the revival of the Corporate Petition, which was allowed, and the Corporate Petition was restored. The Corporate Debtor contested the revival, disputing the interest calculation and terms of the settlement deed, alleging concealment of certain payments and defects in the application. 4. Admittance of Petition and Declaration of Moratorium: Considering the order of the NCLAT, admission of debt, and the settlement deed provided by the Corporate Debtor, the Tribunal admitted the petition for the initiation of the Corporate Insolvency Resolution Process. A moratorium was declared under Section 14 of the Code, prohibiting various actions against the Corporate Debtor and appointing an Interim Resolution Professional. 5. Appointment and Directions for Interim Resolution Professional: Mr. Rajesh Kumar Loomba was appointed as the Interim Resolution Professional with specific directions regarding the management of the Corporate Debtor's affairs, preparation of asset inventory, public announcement of insolvency process, constitution of a Committee of Creditors, and submission of progress reports to the Tribunal. The Interim Resolution Professional was tasked with managing the affairs of the Corporate Debtor as a going concern and ensuring cooperation from all involved parties. This detailed analysis covers the key issues addressed in the judgment, encompassing the legal proceedings, settlement negotiations, revival of the Corporate Petition, admission of the petition for CIR Process, declaration of moratorium, and the appointment and responsibilities of the Interim Resolution Professional.
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