2022 (10) TMI 201 - 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 - It is evident from the Ledger records annexed to this Petition that an aggregate operational debt of Rs. 4,05,44,443/- exists and remains unpaid till date. It is noted that there is no pre-existing dispute between the parties. In fact, the Corporate Debtor states that they are unable to make any further payments and admit their liability in clear terms. The date of default is recorded as 20th March 2019 which was the due date of the last invoice raised by the Operational Creditor. The Operational Creditor has thus successfully demonstrated and proved the debt and default in this case and has also proved that there is no credible reason for the Corporate Debtor to put the payment of the invoices on hold indefinitely - this Petition satisfies all the necessary requirements for admission under Section 9 of the Code. Petition admitted - moratorium declared.

Issues involved:
Initiation of Corporate Insolvency Resolution Process (CIRP) under Section 9 of the Insolvency and Bankruptcy Code, 2016 based on default in payment by the Corporate Debtor to the Operational Creditor.

Detailed Analysis:

1. Initiation of CIRP based on default:
The Company Petition was filed by the Operational Creditor seeking to initiate Corporate Insolvency Resolution Process against the Corporate Debtor for defaulting on a payment of Rs. 4,05,44,443 along with interest. The Operational Creditor provided services of supplying Ready-Mix Concrete to the Corporate Debtor as per purchase orders and invoices attached to the Petition. Despite issuing Demand Notices and reminders, the Corporate Debtor failed to make the payment, leading to the initiation of the CIRP under Section 9 of the Code.

2. Admissions and submissions:
The Corporate Debtor admitted their default in meeting payment obligations due to financial losses faced during the pandemic. The Tribunal noted the absence of any pre-existing dispute between the parties and the clear admission of liability by the Corporate Debtor. The default date was recorded as 20th March 2019, which was the due date of the last invoice raised by the Operational Creditor.

3. Findings and Conclusion:
After hearing submissions from both parties, the Tribunal found that the Operational Creditor successfully demonstrated the debt and default without any credible reason for the Corporate Debtor to withhold payment indefinitely. The Tribunal concluded that the Petition satisfied all requirements for admission under Section 9 of the Code.

4. Judgment and Orders:
The Tribunal allowed the Company Petition and ordered the initiation of CIRP against the Corporate Debtor. Mr. Sitansh Magia was appointed as the Interim Resolution Professional. Specific directions were issued regarding the deposit of initial CIRP costs, prohibition on suits or proceedings against the Corporate Debtor, continuation of essential services, and the effect of moratorium. The management of the Corporate Debtor vested in the IRP/RP during the CIRP period, and various procedural steps were outlined for the resolution process.

5. Compliance and Communication:
The Registry was directed to communicate the order to both parties and the IRP promptly. Additionally, the order was to be sent to the concerned Registrar of Companies for updating the Master Data of the Corporate Debtor. The public announcement of the corporate insolvency resolution process was also mandated as per the provisions of the Code.

This detailed analysis encompasses the key aspects of the judgment, including the grounds for initiating CIRP, admissions by the parties, findings of the Tribunal, specific orders issued, and steps for compliance and communication following the judgment.

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