2022 (10) TMI 200 - Tri - Insolvency and Bankruptcy

Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - existence of debt and dispute or not - HELD THAT - A perusal of the balance confirmation letter dated 10.09.2020 acknowledging the debt of an unsecured loan Rs. 21,412,338/- with an interest payable @12% i.e. 66,08,242/- together of Rs. 2,80,20,580 payable thereon, the Annual Tax Return FORM 26AS for the financial year 2019-20 also discloses lending by the Financial creditor and the tax deducted on the amount credited to the account of the corporate debtor from the financial creditors account - it is convincing that financial debt of sum over one crore was due and payable by the corporate debtor stands established and as there is no material placed by the corporate debtor discharging the debt we hold that existence of a Financial debt and its default by the corporate debtor has been established. Application admitted - moratorium declared.

Summary

Issues:
1. Admission of Petition under Section 7 of Insolvency and Bankruptcy Code, 2016.
2. Initiation of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor.
3. Granting moratorium.
4. Appointment of Interim Resolution Professional.

Analysis:
1. The Financial Creditor filed a petition under Section 7 of the Insolvency and Bankruptcy Code, seeking admission of the Petition, initiation of CIRP against the Corporate Debtor, granting moratorium, and appointment of an Interim Resolution Professional due to non-payment of admitted dues amounting to Rs. 2,80,20,580/- inclusive of interest.
2. The Financial Creditor detailed the financial transactions between the parties, including investments, loans, share subscriptions, and agreements, totaling the outstanding amount claimed.
3. Despite opportunities, the Corporate Debtor did not file a counter, leading the Tribunal to forfeit its right to do so. The contentions of the Financial Creditor remained un-rebutted.
4. The Tribunal examined the evidence provided by the Financial Creditor, including loan agreements, promissory notes, and correspondence, establishing the existence of a financial debt due and payable by the Corporate Debtor.
5. The Tribunal found the Corporate Debtor in default of repayment based on the balance confirmation letter, tax returns, and lack of evidence disproving the debt.
6. Consequently, the Tribunal admitted the petition under Section 7 of the IBC, declared a moratorium, and appointed an Interim Resolution Professional.
7. Various directions were issued, including prohibiting legal actions against the Corporate Debtor, ensuring continuity of essential services, and initiating the Corporate Insolvency Resolution Process. The Interim Resolution Professional was appointed, and initial expenses were allocated for the CIRP.

This detailed analysis of the judgment highlights the legal proceedings, evidence presented, and the Tribunal's decision to admit the petition and proceed with the Corporate Insolvency Resolution Process.