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2022 (2) TMI 739 - Tri - Insolvency and BankruptcyWinding up of Company - Section 433(e) and (f) of the Companies Act, 1956 - HELD THAT - While the proceedings were pending before the Hon'ble High Court of Madras, one of the Creditor of the Company in Liquidation viz. Harikrishna, Proprietor of M/s. Classic Marketing has moved a Company Application No. 98 of 2021 seeking transfer of proceedings in CP No. 201 of 1996 to National Company Law Tribunal (NCLT), Chennai to be treated as an Application for initiation of Corporate Insolvency Resolution Process under the provisions of the IBC, 2016 - it is seen that the affairs of the Corporate Debtor has not yet been completely wound up and hence under the said circumstances, we hereby initiate Corporate Insolvency Resolution Process as against the Corporate Debtor viz. M/s. Neptune Inflatables Limited. The Official Liquidator is discharged of his duty in relation to the Corporate Debtor company is concerned. Application admitted - moratorium declared.
Issues:
1. Initiation of Corporate Insolvency Resolution Process under IBC, 2016. 2. Transfer of proceedings from High Court to National Company Law Tribunal. 3. Appointment of Interim Resolution Professional. 4. Imposition of moratorium under Section 14 of the Insolvency and Bankruptcy Code. 5. Duration of moratorium period. Initiation of Corporate Insolvency Resolution Process: The Financial Creditor filed a Winding up Petition under the Companies Act, 1956, which led to the winding up of the Company. However, due to the ineffectiveness in settling the creditors, the proceedings were transferred to the National Company Law Tribunal (NCLT) to be dealt with under the Insolvency and Bankruptcy Code, 2016 (IBC). Consequently, the Corporate Insolvency Resolution Process was initiated against the Corporate Debtor, and the Official Liquidator was relieved of duties related to the Company in Liquidation. Transfer of Proceedings: One of the Creditors of the Company sought the transfer of proceedings from the High Court to the NCLT to be treated as an Application for initiating Corporate Insolvency Resolution Process under the IBC, 2016. The High Court of Madras approved the transfer, leading to the NCLT taking charge of the proceedings in accordance with the provisions of the IBC, 2016. Appointment of Interim Resolution Professional: An Interim Resolution Professional (IRP) was appointed to oversee the Corporate Insolvency Resolution Process for the Corporate Debtor. The proposed IRP, Mr. Mudappalur Varieth Gangadharan, was granted authorization to act until a specified date. The IRP was tasked with following the necessary steps under the IBC, specifically Sections 15, 17, and 18, and submitting a report within 20 days to the Tribunal. The powers of the Board of Directors of the Corporate Debtor were superseded upon initiation of the Corporate Insolvency Resolution Process. Imposition of Moratorium: Upon the admission of the Application, a moratorium was imposed as per Section 14 of the IBC, prohibiting various actions against the Corporate Debtor, including legal proceedings, asset transfers, and recovery actions. Essential supplies to the Corporate Debtor were to continue during the moratorium period, and the duration of the moratorium was specified to last until the completion of the Corporate Insolvency Resolution Process, subject to certain conditions. Duration of Moratorium Period: The order of moratorium was to be in effect from the date of the order until the completion of the Corporate Insolvency Resolution Process. The moratorium would cease upon approval of a Resolution Plan or upon the order for liquidation of the Corporate Debtor. The initiation of the Corporate Insolvency Resolution Process was communicated to relevant parties, including the Financial Creditor, Corporate Debtor, and the Interim Resolution Professional, with necessary copies provided to the concerned authorities. This detailed analysis of the judgment outlines the key issues addressed by the National Company Law Tribunal, Chennai Bench, regarding the initiation of the Corporate Insolvency Resolution Process, transfer of proceedings, appointment of an Interim Resolution Professional, imposition of a moratorium, and the duration of the moratorium period under the Insolvency and Bankruptcy Code, 2016.
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