2021 (10) TMI 765 - Tri - Insolvency and Bankruptcy

Maintainability 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 - The corporate debtor did not chose to file any reply since January 2020. Thus, there is no dispute with regard to the existence of debt and default and the debt is also within limitation. The claim of the petitioner remained unchallenged. Since the company petition satisfies all the legal requirements, this bench did not find any grounds warranting the rejection of the above company petition. Petition admitted - moratorium declared.

Summary

Issues: Initiation of Corporate Insolvency Resolution Process under Section 7 of the Insolvency and Bankruptcy Code, 2016 against a Corporate Debtor for an unresolved debt.

Analysis:
1. Debt Claim: The petitioner, a Financial Creditor, filed a company petition against the Corporate Debtor for an unresolved debt of over 15 crores arising from cancellation agreements related to the purchase of four flats in a project. The Corporate Debtor failed to pay the due amounts despite cancellation agreements, leading to the initiation of the insolvency resolution process.

2. Legal Proceedings: The Corporate Debtor did not file a reply since January 2020, indicating no dispute regarding the debt's existence and default. The petitioner's claim remained unchallenged, meeting all legal requirements for initiating the insolvency resolution process. Previous petitions were withdrawn due to consent terms, but the Corporate Debtor's failure to honor those terms led to the current petition.

3. Judgment: After considering submissions and records, the Tribunal found no grounds to reject the company petition. The debt was within the limitation period, and the petitioner fulfilled all necessary formalities, including proposing an Insolvency Resolution Professional (IRP). Consequently, the Tribunal admitted the company petition and ordered the initiation of Corporate Insolvency Resolution Process against the Corporate Debtor.

4. Orders: The Tribunal appointed an Interim Resolution Professional to oversee the resolution process, with the Financial Creditor directed to pay initial costs. Various prohibitions were imposed, including suits against the Corporate Debtor, asset disposals, and supply interruptions during the moratorium period. The management vested in the IRP/RP during the process, and the public announcement of insolvency resolution was mandated.

5. Conclusion: The Tribunal's comprehensive judgment admitted the company petition, facilitating the initiation of the Corporate Insolvency Resolution Process against the Corporate Debtor. The legal requirements were met, and necessary orders were issued to ensure the resolution process's smooth progression and protection of stakeholders' interests.