Tribunal Admits Petition for Insolvency Proceedings Against Corporate Debtor

The Tribunal admitted the petition filed by the operational creditor under Section 9 of The Insolvency and Bankruptcy Code, 2016, against the corporate debtor for outstanding dues. Despite the respondent's failure to clear the dues and lack of response, the Tribunal found the operational debt due and payable, meeting the Code's requirements. Consequently, a moratorium was declared, and an Interim Resolution Professional was appointed to oversee the insolvency resolution process, ensuring protection of stakeholders' interests until completion of the resolution process or liquidation.

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Issues involved:
- Filing of petition under Section 9 of The Insolvency and Bankruptcy Code, 2016
- Operational debt due and payable by the corporate debtor
- Default in payment of operational debt
- Adjudication of the application under Section 9(5)(1) of the Code
- Declaration of moratorium and appointment of Interim Resolution Professional

Analysis:
1. The appellant, as an operational creditor, filed a petition under Section 9 of The Insolvency and Bankruptcy Code, 2016, seeking to recover outstanding dues from the respondent, a corporate debtor. The operational creditor detailed the history of transactions between the parties, stating that the corporate debtor started delaying payments from March 2018, resulting in a total outstanding amount of Rs. 15,99,418 as of 12.12.2019, inclusive of interest.

2. Despite numerous reminders and a demand notice issued under Section 8 of the I&B Code, the corporate debtor failed to clear the dues, leading the operational creditor to file the petition. The applicant submitted various documents, including unpaid invoices, ledger entries, bank statements, and proof of service, to support the claim.

3. The Tribunal noted that the respondent did not file a reply despite multiple opportunities and that the demand notice was served without any dispute raised by the corporate debtor. The petition was found to be within the limitation period, with no denial of the operational debt or pre-existing disputes.

4. Referring to the Mobilox Innovative Private Limited vs. Kirusa Software Private Limited case, the Tribunal emphasized the need to establish the existence of operational debt exceeding Rs. 1.00 lac, the due and payable status of the debt, and the absence of disputes or pending legal proceedings. The Tribunal found the operational debt due and payable, meeting the requirements of the I&B Code.

5. Consequently, the Tribunal admitted the petition, declared a moratorium, and appointed an Interim Resolution Professional to oversee the insolvency resolution process. The moratorium prohibits legal actions against the corporate debtor, asset transfers, enforcement of security interests, and property recovery during the resolution period.

6. The order of moratorium will remain in effect until the completion of the insolvency resolution process or until a resolution plan is approved or liquidation is ordered. The Tribunal appointed an Interim Resolution Professional and directed communication of the order to relevant parties, ensuring compliance with the insolvency resolution process and protecting stakeholders' interests.

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