2021 (6) TMI 316 - Tri - Insolvency and Bankruptcy

Seeking impleadment of the Applicant in the present Company Petition - CIRP not yet started - Section 65 of the I B Code 2016 - HELD THAT - A bare reading of Section 65(1) states that If any person initiates the insolvency resolution process - However in the present case the CIRP has not yet been initiated. As CIRP has not yet been initiated. The Applicant can approach this tribunal under Section 65 of I B code only once the Petition is admitted and CIRP has been initiated - application disposed off.

Summary

Issues involved:
- Application seeking directions to the Respondent under Section 60(1) read with Rule 11 of the Insolvency and Bankruptcy Code, 2016.
- Impleadment in the present Company Petition, dismissal of the petition, penalty imposition, and other orders prayed for.
- Allegations of financial fraud, collusive petition, and malicious intent in filing the Company Petition.
- Relationship between the Applicant and the main Company Petition.
- Interpretation of Section 65 of the Insolvency and Bankruptcy Code, 2016 regarding fraudulent or malicious initiation of proceedings.

Analysis:
1. The Applicant, a homebuyer in a company undergoing Corporate Insolvency Resolution Process (CIRP), filed an application seeking directions under the Insolvency and Bankruptcy Code, 2016. The reliefs prayed for include impleadment in the Company Petition, dismissal of the petition, penalty imposition on the Financial Creditor, and any other suitable orders as deemed fit by the Tribunal.

2. The Applicant alleged various frauds within the group companies of the Corporate Debtor, pointing out financial irregularities and collusion in the Company Petition. The Applicant cited instances of financial fraud and collusion involving substantial amounts, emphasizing the need for stringent action against the parties involved.

3. The Applicant presented arguments highlighting discrepancies in the loan agreement, lack of charge registration, and suspicious financial transactions. The Applicant also raised concerns about the history of fraudulent activities within the group companies, indicating a pattern of financial mismanagement and diversion of funds.

4. The Tribunal reviewed the facts and documents presented by the Applicant but found insufficient evidence to establish a clear relationship with the main Company Petition. The Tribunal noted the Applicant's prayer for dismissal under Section 65 of the Insolvency and Bankruptcy Code, 2016, which deals with fraudulent or malicious initiation of proceedings.

5. Regarding the interpretation of Section 65, the Tribunal clarified that penalties can only be imposed once the insolvency resolution process is initiated. Since the CIRP had not been initiated in the present case, the Applicant's prayer for penalty imposition was deemed premature and would be considered at the appropriate stage of the proceedings.

6. The Tribunal disposed of the application, emphasizing that the information provided by the Applicant would be considered during the final order in the ongoing Company Petition. The Tribunal directed the service of the order copy to the concerned parties, concluding the matter for further proceedings in accordance with the Insolvency and Bankruptcy Code, 2016.