2021 (11) TMI 186 - Tri - Insolvency and Bankruptcy

Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - Applicability of Notification No. 1205(E) dated 24.03.2020 issued by the Ministry of Corporate Affairs - whether this application filed on 18.01.2021 claiming default of an amount as on 05.08.2020 is maintainable or not? - HELD THAT - In view of the Notification No. 1205(E) dated 24.03.2020 issued by the Ministry of Corporate Affairs specified the Rupees One Crore as the minimum amount of default and that the amount claimed which is below Rupees One Crore, this application cannot be entertained. The last date of payment of ₹ 25,000/- was made on 20.08.2020, this will come under the preview of Section 10A of IBC, 2016. Application dismissed.

Summary

Issues:
1. Application under Section 9 of the Insolvency and Bankruptcy Code, 2016 for initiating Insolvency Resolution Process.
2. Dispute over outstanding payment between Operational Creditor and Corporate Debtor.
3. Maintainability of the application based on the minimum amount of default specified by the Ministry of Corporate Affairs.

Detailed Analysis:

Issue 1:
The application was filed by the Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Insolvency Resolution Process against the Corporate Debtor. The Operational Creditor claimed that the Corporate Debtor owed a total sum of ?2,01,284, including interest, for outstanding invoices dating back to 2017.

Issue 2:
The Operational Creditor alleged that the Corporate Debtor failed to make payments for supplied goods and issued a demand notice under Section 8 of the IBC in August 2020. The Corporate Debtor, on the other hand, contended that the goods supplied were defective, leading to a dispute over the outstanding amount. The Corporate Debtor claimed to have made partial payments and offered to pay the balance after deducting the value of the defective goods.

Issue 3:
The Tribunal considered the maintainability of the application in light of the minimum default amount specified by the Ministry of Corporate Affairs. The Tribunal referred to Notification No. 1205(E) dated 24.03.2020, which set the minimum default amount at ?1 crore. As the claimed amount in this case was below the specified threshold, the application was deemed not entertainable. Additionally, the Tribunal invoked Section 10A of the IBC, which suspended the initiation of insolvency resolution processes for defaults occurring after 25th March 2020 for a specified period.

In conclusion, the Tribunal dismissed the application on the grounds of the amount being below the specified threshold and falling within the purview of Section 10A of the IBC. The judgment highlighted the importance of adhering to statutory provisions and timelines in insolvency proceedings, ultimately leading to the dismissal of the application on 6th October 2021.