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2022 (9) TMI 135 - 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 - HELD THAT - On having seen the loan disbursement and documents supporting agreement between the parties conferring obligation upon the Corporate Debtor to repay the Loan amount including interest, this Financial Creditor has proved existence of debt and default. Moreover, the Corporate Debtor has admitted the debt in its own reply. The present petition was filed on 28.12.2021 and the Corporate Debtor was having enough time to settle the outstanding amounts of the Financial Creditor, but the Corporate Debtor failed to do so. Under the said circumstances, since the debt and default on the part of the Corporate Debtor is being proved and also by looking at the consent given by the Insolvency Professional, the application is admitted. The application is admitted - moratorium declared.
Issues: Application under section 7 of IBC, 2016 for default in repayment by Corporate Debtor, denial of averments by Corporate Debtor citing financial difficulties and willingness to repay in instalments, Financial Creditors' claim of default and admission by Corporate Debtor, appointment of Interim Resolution Professional, directions for CIRP initiation.
Analysis: 1. Application under IBC, 2016: The Financial Creditors collectively filed an application under section 7 of the Insolvency and Bankruptcy Code, 2016 against the Corporate Debtor for default in repaying a significant amount along with compound interest. The loan agreement detailed the disbursed amounts and repayment terms, leading to the initiation of the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. 2. Denial and Financial Difficulties: The Corporate Debtor responded by denying most averments but acknowledged the outstanding debt. Citing business disruptions due to uncertainties and the Covid-19 pandemic, the Corporate Debtor expressed willingness to repay in instalments and negotiate terms for settlement to revive its operations and maintain its brand. The Corporate Debtor sought dismissal of the Financial Creditors' application. 3. Default and Admission: The Financial Creditors rebutted, highlighting the Corporate Debtor's failure to repay the loans despite being provided with funds to revive its business. The Corporate Debtor's admission of financial constraints and non-repayment, coupled with the existence of debt and default as evidenced by loan disbursement records, led to the acknowledgment of the debt by the Corporate Debtor itself. 4. Appointment of IRP and CIRP Initiation: Considering the proven debt and default, along with the Insolvency Professional's consent, the Tribunal admitted the application. An Interim Resolution Professional was appointed to oversee the CIRP process, with specific directions for initial costs deposit, moratorium on legal actions against the Corporate Debtor, continuation of essential services, and management vesting in the IRP/RP during the CIRP period. Additionally, the public announcement of the CIRP was mandated, and the Registrar of Companies was informed for necessary updates. In conclusion, the Tribunal's judgment upheld the Financial Creditors' application, admitted the debt and default, and initiated the Corporate Insolvency Resolution Process against the Corporate Debtor, appointing an Interim Resolution Professional to manage the proceedings in accordance with the Insolvency and Bankruptcy Code, 2016.
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