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2021 (8) TMI 1054 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT - The Corporate Debtor under the garb of settlement is trying to delay the proceedings before this Tribunal. The Corporate Debtor has not denied that the amount is due and payable to the Operational Creditor, hence the default on the part of the Corporate Debtor is proved beyond any reasonable doubt. The Petition as filed by the Operational Creditor is required to be admitted under Section 9(5) of the IBC, 2016 - application admitted - moratorium declared.
Issues:
Initiation of Corporate Insolvency and Resolution Process under Section 9 of the Insolvency and Bankruptcy Code, 2016. Analysis: The application was filed by an Operational Creditor seeking initiation of Corporate Insolvency and Resolution Process against a Corporate Debtor. The Operational Creditor claimed a debt of ?33,99,179, which was due and payable by the Corporate Debtor. The Operational Creditor submitted that the Corporate Debtor withheld payment without any valid reason despite receiving goods as per the commercial understanding between the parties. A Demand Notice was issued by the Operational Creditor to the Corporate Debtor as mandated under Section 8 of the IBC, 2016. The Corporate Debtor made a partial payment of ?2,00,000 after the issuance of the demand notice, but did not respond further to the notice, indicating default on their part. Regarding the Corporate Debtor's conduct, it was noted that they attempted to delay the proceedings under the guise of settlement. Despite being given multiple opportunities to represent themselves, the Corporate Debtor failed to deny the debt owed to the Operational Creditor. The Tribunal found the default on the part of the Corporate Debtor to be established beyond doubt, leading to the initiation of Corporate Insolvency Resolution Process. The Tribunal admitted the application under Section 9(5) of the IBC, 2016 and appointed an Interim Resolution Professional (IRP) to oversee the process. The powers of the Board of Directors of the Corporate Debtor were superseded with the initiation of the CIR Process. Upon admission of the application, a moratorium was imposed on the Corporate Debtor as per Section 14(1) of the Code. This moratorium prevented the institution of suits, transfer of assets, enforcement of security interests, and recovery of property against the Corporate Debtor. Essential supplies of goods or services critical for the Corporate Debtor's operations were protected during the moratorium period. The duration of the moratorium was to remain in effect until the completion of the Corporate Insolvency Resolution Process, subject to the approval of a Resolution Plan or liquidation order by the Adjudicating Authority. In conclusion, the application for initiation of Corporate Insolvency and Resolution Process was admitted, and a moratorium was imposed to protect the interests of the parties involved in the proceedings. The Tribunal's decision aimed to facilitate the resolution of the debt issue between the Operational Creditor and the Corporate Debtor within the framework of the Insolvency and Bankruptcy Code, 2016.
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