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2022 (7) TMI 1421 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - HELD THAT - Notices were issued in the aforesaid Application. The Corporate Debtor filed its reply vide Diary No. 437/2022 dated 16.02.2022, acknowledging the debt. It is stated that it is not wilfully defaulting the payment and intend to repay the said amount, and the same is evident from its commitment to making payment by confirming the outstanding dues via its Ledger Account (01.04.2021 to 10.11.2021) forwarded by the Operational Creditor. Given the global pandemic, the growth of the business has been hampered a lot, and it is passing through a significant financial crisis. It also stated that it does not want to shy away from its obligation and will pay the entire amount; however, it requires an extension of time. It has been shown that the Corporate Debtor has failed to make payment of the aforesaid amount due till date as mentioned in statutory notice. It is also observed that the condition under Section 9 of the Code stands satisfied. Hence, this Adjudicating Authority is inclined to commence CIRP against the Corporate Debtor as envisaged under IBC, 2016. Application admitted - moratorium declared.
Issues:
- Application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 for initiation of Corporate Insolvency Resolution Process (CIRP) against a Corporate Debtor for non-payment of operational dues. - Jurisdiction of the Adjudicating Authority to decide the application. - Default on payment by the Corporate Debtor. - Response and defense by the Corporate Debtor. - Appointment of an Interim Resolution Professional (IRP) and commencement of CIRP. - Consequences of commencement of CIRP including moratorium and duties of the IRP. - Directions for depositing funds and cooperation during the CIRP process. Analysis: 1. The application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the Operational Creditor against the Corporate Debtor for non-payment of operational dues amounting to Rs. 1,12,09,157/-. The Applicant provided details of the transactions and the date from which the debt fell due, along with evidence of the demand notice served on the Corporate Debtor. 2. The jurisdiction of the Adjudicating Authority was established as the Corporate Debtor was a private limited company incorporated under the Companies Act, 1956, with its registered office falling within the jurisdiction of the Authority. The Adjudicating Authority found the conditions under Section 9 of the Code to be satisfied, warranting the commencement of CIRP against the Corporate Debtor. 3. The Corporate Debtor responded by acknowledging the debt but cited financial difficulties due to the global pandemic as the reason for non-payment. The Corporate Debtor expressed its intention to repay the outstanding dues but requested an extension of time. Despite the defense put forth by the Corporate Debtor, the Adjudicating Authority deemed the non-payment as a default, justifying the initiation of CIRP. 4. An Interim Resolution Professional (IRP) was appointed to oversee the CIRP proceedings. The IRP was directed to take over the affairs of the Corporate Debtor, issue public notices for creditors, and manage the CIRP in accordance with the timelines specified under the Code. The IRP was also instructed to deposit a specified amount for expenses, which would be reimbursed upon the formation of a Committee of Creditors. 5. Consequences of the commencement of CIRP included invoking a moratorium under Section 14 of the Code, suspending the powers of the Corporate Debtor's personnel, and vesting the management of affairs with the IRP. The Adjudicating Authority emphasized strict adherence to the provisions of the Code and directed timely communication of the order to all relevant parties, including the Applicant, Corporate Debtor, and IRP. 6. The Adjudicating Authority issued directions for the supply of copies of the order to the parties involved, including the IRP, and instructed the Registry to send a soft copy of the application and order to the nominated IRP. An Interim Application seeking early listing of the case was disposed of in light of the main order admitting the application for CIRP against the Corporate Debtor.
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