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2022 (11) TMI 55 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - existence of debt and dispute or not - time limitation - HELD THAT - The corporate debtor committed default of the financial debt of Rs. 37,17,582/- which is within the threshold as per Section 4 of the IBC, since the application was filed on 03.10.2018 and the amendment to section 4 was w.e.f. 24.03.2020. The Financial Creditor has established the existence of financial debt payable by the corporate debtor and its default by the corporate debtor. This application is filed within limitation and is defect free. Application admitted - moratorium delcared.
Issues:
Initiation of Corporate Insolvency Resolution Process under section 7 of the Insolvency and Bankruptcy Code, 2016 against a Corporate Debtor for default amount. Dispute over inter-corporate deposit, trading activities, and liability for repayment. Examination of financial creditor's claim and corporate debtor's objections. Determination of default and admissibility of the application under the Code. Analysis: 1. Initiation of CIRP: The Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016, seeking the initiation of Corporate Insolvency Resolution Process against the Corporate Debtor for a default amount of Rs. 37,17,582. The Financial Creditor alleged that the Corporate Debtor failed to repay an inter-corporate deposit, leading to the application for CIRP. 2. Financial Creditor's Claims: The Financial Creditor contended that the Corporate Debtor received an inter-corporate deposit of Rs. 25,00,000, which was not repaid along with accrued interest. The Financial Creditor argued that it was engaged in trading shares and inter-corporate deposits, not in trading goods or commodities, as evidenced by audited balance sheets and a certificate from a Chartered Accountant. 3. Corporate Debtor's Objections: The Corporate Debtor disputed the claim, asserting that the transaction was part of a consignment contract for supplying goods, not a financial contract. They claimed that the security deposit was to be adjusted against the sale amount, and the Financial Creditor failed to provide necessary documentation for the adjustment, leading to the dispute. 4. Adjudication and Decision: After considering the arguments and evidence presented by both parties, the Tribunal found that the Corporate Debtor defaulted on the financial debt, establishing the existence of the debt and default. The Tribunal concluded that the application was within the limitation period and free of defects, leading to the admission of the application for CIRP. 5. Order and Resolution: The Tribunal admitted the Corporate Debtor into Corporate Insolvency Resolution Process, declaring a moratorium under Section 14 of the Code. An Interim Resolution Professional was appointed to manage the resolution process, with specific directives to protect the Corporate Debtor's property and manage its operations. The Financial Creditor was directed to make an advance payment for the resolution process, and further procedures were outlined for the resolution process. 6. Conclusion: The Tribunal's decision to admit the application for CIRP was based on the establishment of default by the Corporate Debtor on the financial debt owed to the Financial Creditor. The resolution process was initiated, and necessary steps were taken to manage and protect the interests of all parties involved in the insolvency resolution proceedings.
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