TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal bars petition under Section 10A</h1> <h3>Siemens Gamesa Renewable Power Pvt. Ltd. Versus Ramesh Kymal</h3> Siemens Gamesa Renewable Power Pvt. Ltd. Versus Ramesh Kymal - [2021] 225 Comp Cas 472 (NCLT–Chen) Issues Involved:1. Applicability of Section 10A of the Insolvency and Bankruptcy Code, 2016.2. Retrospective effect of the Ordinance (No. 9 of 2020) promulgated on 05.06.2020.3. Determination of the date of default for the initiation of Corporate Insolvency Resolution Process (CIRP).Analysis:1. Applicability of Section 10A of the Insolvency and Bankruptcy Code, 2016:The main issue revolved around whether the newly inserted Section 10A, which suspends the initiation of CIRP for defaults arising on or after 25th March 2020, applies to the petition filed by the Operational Creditor. The Tribunal noted that Section 10A explicitly states that no application for initiation of CIRP shall be filed for any default arising on or after 25th March 2020, for a period of six months, extendable up to one year. The Tribunal emphasized that the intent behind this provision was to provide relief to businesses affected by the COVID-19 pandemic and the ensuing lockdown.2. Retrospective Effect of the Ordinance (No. 9 of 2020) Promulgated on 05.06.2020:The Tribunal addressed whether the Ordinance has retrospective applicability. It was noted that the Ordinance, although promulgated on 05.06.2020, explicitly mentions that it applies to defaults arising on or after 25th March 2020. The Tribunal relied on the objects and reasons for the promulgation of the Ordinance, which highlighted the extraordinary situation caused by the COVID-19 pandemic and the lockdown. The Tribunal concluded that the Ordinance has retrospective effect, as it aims to prevent businesses already under stress due to the pandemic from being pushed into insolvency proceedings.3. Determination of the Date of Default for the Initiation of CIRP:The Tribunal examined the date of default as stated by the Operational Creditor in the petition and the demand notice. Both documents indicated that the default occurred on 30th April 2020. The Tribunal emphasized that the date of default is crucial in determining the applicability of Section 10A. Since the default occurred after 25th March 2020, the Tribunal held that the petition is barred by the newly inserted Section 10A.Conclusion:The Tribunal concluded that the petition filed by the Operational Creditor is barred by Section 10A of the Insolvency and Bankruptcy Code, 2016, as the default occurred on 30th April 2020, which falls within the period specified in Section 10A. The Tribunal allowed the application filed by the Corporate Debtor, seeking to dispose of the main petition in terms of Section 10A. Consequently, the main petition was rejected, and all connected applications were closed.
TaxTMI 
TaxTMI 
