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2021 (10) TMI 1235 - 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 Applicant i.e. the Operational Creditor as per Purchase Order supplied material and stand taken by the Corporate debtor that there was understanding that material should be supplied only 100% advanced payment, but the Corporate Debtor has never raised any dispute in respect of supplied of excess quantity material until the demand for payment raised by the Operational Creditor after a year - The Corporate Debtor contended that as per section 9(3)(b) of the I B Code, there is dispute among parties, but that contention is after thought as until demand for payment raised by the Operational Creditor, the Corporate debtor accepted material supplied and enjoyed the same. The application made by the Operational Creditor is complete in all respects as required by law. It clearly shows that the Corporate Debtor is in default of a debt due and payable, and the default is in excess of minimum amount stipulated under section 4(1) of the IBC. Therefore, the default stands established and there is no reason to deny the admission of the Petition. In view of this, this Adjudicating Authority admits this Petition and orders initiation of CIRP against the Corporate Debtor. Petition admitted - moratorium declared.
Issues:
1. Initiation of Corporate Insolvency Resolution Process (CIRP) under section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). 2. Dispute regarding unpaid operational debts between Operational Creditor and Corporate Debtor. 3. Compliance with legal requirements for admission of the Petition. 4. Appointment of Interim Resolution Professional (IRP) and management during the CIRP period. 5. Financial arrangements and communication protocols during the CIRP. Initiation of CIRP: The Company Petition was filed under section 9 of the IBC by the Operational Creditor seeking to initiate CIRP against the Corporate Debtor, who had incorporated in 1998. The Debt occurred in 2016, and a Demand Notice was issued for unpaid operational Debts. The Applicant supplied materials to the Corporate Debtor, leading to a dispute over the amount and intent of the supplies. Dispute Regarding Unpaid Debts: The Respondent Corporate Debtor contended that there was an understanding that goods should be supplied only upon full payment, alleging excess supplies by the Applicant. The Respondent claimed a dispute existed since 2016, highlighting issues of excess material lying at the site and balance confirmations. The Operational Creditor, in response, emphasized that the Corporate Debtor accepted the materials without raising any disputes until the demand for payment was made. Compliance and Admission of Petition: The Tribunal found that the application by the Operational Creditor was complete as per legal requirements, establishing the Corporate Debtor's default in payment. Consequently, the Petition was admitted, and CIRP was initiated against the Corporate Debtor. A moratorium under section 14 of the IBC was declared, affecting various actions against the Corporate Debtor. Appointment of IRP and Management: An Interim Resolution Professional (IRP) was appointed to manage the Corporate Debtor during the CIRP period. The IRP's responsibilities were outlined, including compliance with relevant regulations and directions. The management of the Corporate Debtor was vested in the IRP, and officers were directed to provide necessary information promptly. Financial Arrangements and Communication Protocols: During the CIRP period, the Operational Creditor was required to deposit a sum for expenses related to public notices and claims. The Registry was instructed to communicate the Order to relevant parties promptly, and compliance reports were mandated. The Order was dated 8th October 2021, outlining the necessary steps and directives for the CIRP process. This detailed analysis covers the key issues addressed in the judgment, providing a comprehensive understanding of the legal proceedings and outcomes related to the initiation of Corporate Insolvency Resolution Process.
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