2021 (12) TMI 340 - 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 - HELD THAT - The Operational Creditor issued demand notice dated 13.01.2019 to the Corporate Debtor. But the Corporate Debtor did not issue any reply to the said demand notice. The Corporate Debtor has admitted the debt in its counter - Corporate Debtor does not deny the fact that the amount claimed by the Operational Creditor is due. Counsel for the Operational Creditor submits that though the Corporate Debtor took time on earlier occasions stating that they would settle the matter, only ₹ 3 Lakhs out of ₹ 36 Lakhs was paid. The Counsel appearing for the Corporate Debtor submits that the Corporate Debtor is not in a position to discharge the amount due to the Operational Creditor and agreed for the CIRP to be initiated. This is a fit case to admit and order initiation of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor - petition admitted - moratorium declared.

Issues:
1. Initiation of Corporate Insolvency Resolution Process under Section 9 of the Insolvency and Bankruptcy Code, 2016.
2. Admission of the Company Petition seeking initiation of Corporate Insolvency Resolution Process.
3. Appointment of an Insolvency Resolution Professional (IRP) for the Corporate Debtor.
4. Declaration of moratorium under Section 14 of the Code.
5. Responsibilities of the Interim Resolution Professional and cooperation required from Directors, Promoters, and associated persons.
6. Communication of the order to the Operational Creditor and the Corporate Debtor.

Issue 1: Initiation of Corporate Insolvency Resolution Process under Section 9 of the Insolvency and Bankruptcy Code, 2016.

The Petition was filed by the Operational Creditor seeking initiation of Corporate Insolvency Resolution Process against the Corporate Debtor for default in payment of a specific amount. The Operational Creditor alleged that the Corporate Debtor failed to make a payment of ?33,09,360, including interest, towards services rendered. The Petitioner requested the admission of the Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, along with the appointment of an Insolvency Resolution Professional (IRP) and the granting of a moratorium.

Issue 2: Admission of the Company Petition seeking initiation of Corporate Insolvency Resolution Process.

The Counsel for the Operational Creditor presented that the Corporate Debtor did not dispute the amount claimed and admitted the debt. Despite previous assurances from the Corporate Debtor to settle the matter, only a partial payment was made. The Corporate Debtor expressed an inability to pay the outstanding amount and agreed to the initiation of the Corporate Insolvency Resolution Process. Consequently, the Tribunal found it appropriate to admit the Petition and ordered the initiation of the Corporate Insolvency Resolution Process against the Corporate Debtor.

Issue 3: Appointment of an Insolvency Resolution Professional (IRP) for the Corporate Debtor.

As the Operational Creditor did not propose a specific IRP, the Tribunal appointed Mr. Srinivas Gudla Rao as the Insolvency Resolution Professional (IRP) for the Corporate Debtor. Mr. Rao was directed to assume the management of the Corporate Debtor immediately and undertake necessary actions in line with the provisions of the Insolvency and Bankruptcy Code and relevant Rules.

Issue 4: Declaration of moratorium under Section 14 of the Code.

A moratorium was declared concerning the Corporate Debtor as per Section 14 of the Insolvency and Bankruptcy Code. This declaration aimed to provide a temporary shield to the Corporate Debtor from legal proceedings and ensure a smooth Corporate Insolvency Resolution Process.

Issue 5: Responsibilities of the Interim Resolution Professional and cooperation required from Directors, Promoters, and associated persons.

The appointed Interim Resolution Professional, Mr. Srinivas Gudla Rao, was tasked with managing the affairs of the Corporate Debtor and executing necessary steps for the Corporate Insolvency Resolution Process. Directors, Promoters, and other individuals linked to the management of the Corporate Debtor were mandated to extend full cooperation to the IRP as outlined in the relevant sections of the Code.

Issue 6: Communication of the order to the Operational Creditor and the Corporate Debtor.

The Registry was instructed to promptly communicate the Tribunal's order to both the Operational Creditor and the Corporate Debtor. Additionally, the Operational Creditor and the Registry were directed to provide a copy of the order to the appointed IRP for compliance purposes.

This comprehensive analysis of the judgment highlights the key issues addressed by the Tribunal in the matter concerning the initiation of the Corporate Insolvency Resolution Process, appointment of an Insolvency Resolution Professional, declaration of moratorium, and the responsibilities of involved parties.

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