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2022 (3) TMI 812 - 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 - It is pertinent to note that the invoices enclosed along with the application are of the year 2018. It appears that out of the total five invoices raised by the Applicant/Operational Creditor, no dispute has been raised by the Respondent and no documents have been enclosed by the Respondent either by way of e-mail or by way of any other documents to satisfy this Tribunal that there has been pre-existing dispute between the parties. Furthermore, only defence stated by the Respondent in this application is the pre-existing dispute with regard to the defects in the supply of goods made by the Applicant/Operational Creditor. No documents have been filed to satisfy that the same has been enclosed either with counter or with any other documents. The Operational Creditor has proved existence of debt and default and prayed for initiation of CIRP against the Corporate Debtor. Under the said circumstances, this Tribunal is left with no other option than to proceed with the present case and initiate the Corporate Insolvency Resolution Process in relation to the Corporate Debtor, which ordinarily shall get completed within 180 days, reckoning from the day this order is passed. Application admitted - moratorium declared.
Issues:
Application under Section 9 of IBC, 2016 for debt recovery by Operational Creditor against Corporate Debtor. Analysis: 1. The application was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016 by the Operational Creditor against the Corporate Debtor for a debt of ?9,98,798.06. The Operational Creditor had supplied scrap material to the Corporate Debtor, and despite repeated demands, the payment was not made by the Corporate Debtor. The Respondent raised a dispute regarding the quality of goods supplied, but the Operational Creditor argued that no pre-existing dispute had been proven by the Respondent. 2. During the proceedings, it was revealed that the invoices enclosed with the application were from 2018, and the Respondent had not raised any disputes or provided documents to support their claims of defects in the goods supplied. The only defense presented by the Respondent was the pre-existing dispute about the goods' quality. The Tribunal found that the Operational Creditor had established the existence of debt and default, leading to the initiation of the Corporate Insolvency Resolution Process against the Corporate Debtor. 3. The Tribunal noted that as a result of the application being admitted, a moratorium under Section 14(1) of the Code would be imposed on the Corporate Debtor. This would prevent the institution of suits, transferring or disposing of assets, or any recovery actions against the Corporate Debtor during the resolution process. The duration of the moratorium was specified, and essential goods or services to the Corporate Debtor were to be maintained during this period. 4. The Tribunal appointed an Interim Resolution Professional (IRP) to manage the Corporate Debtor's affairs, directing them to take charge immediately and make a public announcement for creditors to submit claims. The IRP was tasked with following the provisions of the Code and filing a report within 30 days. The powers of the Corporate Debtor's Board of Directors were superseded, and the IRP was instructed to conduct the Corporate Insolvency Resolution Process as per regulations. 5. The Operational Creditor was directed to pay a sum to the IRP for necessary expenses, and the application was admitted under Section 9(5) of the IBC, 2016. The moratorium came into effect, and the Order was communicated to the parties involved, the IBBI, and the Registrar of Companies. The initiation of the Corporate Insolvency Resolution Process was also to be communicated to the concerned authorities.
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