2020 (9) TMI 893 - Tri - Insolvency and Bankruptcy

Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - time limitation - HELD THAT - The application filed on behalf of financial creditor/Applicant under Section 7 of IBC is found complete. The present petition being filed in 04.02.2020 is well within limitation and the date of default is 31st August, 2017 is much prior to the amendment made in Insolvency and Bankruptcy Code on 05th of June, 2020 - in the present application the date of default in the present application is 31st August, 2019, thus the amendment made will not be applicable in the present petition. This adjudicating Authority is inclined to admit this petition and initiate CIRP of the Respondent Company. Accordingly, this petition is admitted - moratorium declared.

Summary

Issues:
1. Initiation of Corporate Insolvency Resolution Process under Section 7 of the Insolvency & Bankruptcy Code, 2016 by a financial creditor against a corporate debtor.
2. Establishment of financial debt and default in payment by the corporate debtor.
3. Application completeness and compliance with legal requirements for admission.
4. Applicability of the amendment to the Insolvency and Bankruptcy Code regarding the suspension of initiation of Corporate Insolvency Resolution Process.
5. Appointment of Interim Resolution Professional (IRP) and initiation of necessary steps under the Code.

Analysis:
1. The financial creditor, Axis Bank Ltd., filed a petition under Section 7 of the Insolvency & Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process against the corporate debtor, Lanco Mandakini Hydro Energy Pvt. Ltd., due to its inability to repay financial debt.
2. The petition detailed the financial assistance provided by the creditor to the debtor, the default in repayment leading to the account being declared as a Non-Performing Asset (NPA), and the total default amount outstanding, establishing the existence of financial debt and default by the debtor.
3. The completeness of the application was assessed based on the requirements of Section 7(1) of the Code, including the establishment of financial debt, default in payment, and compliance with necessary documentation, leading to the admission of the petition by the Adjudicating Authority.
4. The judgment discussed the applicability of an amendment to the Insolvency and Bankruptcy Code regarding the suspension of initiation of Corporate Insolvency Resolution Process for defaults arising after a specified date, clarifying that the amendment did not apply to the default date in the present case, allowing the petition to proceed.
5. The appointment of Mr. Bhrugesh Amin as the Interim Resolution Professional (IRP) was confirmed, with directions for the IRP to undertake necessary steps under the Code, such as filing reports and adhering to statutory provisions, ensuring the smooth initiation of the Corporate Insolvency Resolution Process.

This detailed analysis covers the key issues addressed in the judgment, providing a comprehensive overview of the legal proceedings and decisions made by the Adjudicating Authority in the matter.