2020 (12) TMI 1052 - Tri - Insolvency and Bankruptcy

Tribunal Initiates Corporate Insolvency Resolution Process under Section 9 of Insolvency & Bankruptcy Code

Shashikant Thakar Versus Windsor Paper Pvt. Ltd.

The Tribunal admitted the application under Section 9 of the Insolvency & Bankruptcy Code, 2016, initiated the Corporate Insolvency Resolution ... Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT:- The Operational Creditor has produced the relevant Invoices, Statement of Account, passbook entries for the period of 30.09.2019 to 26.07.2019. All about evidence proved two facts (i) the debt of ₹ 1,25,000/- is due and payable by the Corporate Debtor to the Operational Creditor and (ii) Corporate Debtor has committed default in paying the same. The Application filed under Section 9 of the Insolvency & Bankruptcy Code, 2016 is defect free - Application admitted - moratorium declared. Issues:Application under Section 9 of the Insolvency & Bankruptcy Code, 2016 for Corporate Insolvency Resolution Process.Analysis:The Operational Creditor filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016 to initiate Corporate Insolvency Resolution Process against the Corporate Debtor due to an outstanding principal sum of Rs. 1,25,000. The debt arose from consultancy services provided to the Corporate Debtor for the accounting year 2018-19, as evidenced by an invoice. Despite receiving a Demand Notice under Section 8 of the Code, the Corporate Debtor did not clear the outstanding amount or raise any dispute. The Tribunal found that the debt was due and payable, and the Corporate Debtor defaulted in payment.The Operational Creditor submitted relevant documents, including Invoices, Statement of Account, and passbook entries, proving the debt and default by the Corporate Debtor. The proposed Interim Resolution Professional (IRP) consented to the appointment without any pending disciplinary proceedings. The Tribunal, after verifying the defect-free application, admitted it and initiated the Corporate Insolvency Resolution Process.The Tribunal declared a moratorium under Section 14(1) of the Code, prohibiting various actions against the Corporate Debtor, effective until the completion of the Resolution Process or approval of a Resolution Plan. The appointed IRP was tasked with managing the affairs of the Corporate Debtor, ensuring continuity of supply of goods/services, and preserving the company's value. The Operational Creditor was directed to provide an advance to the IRP for the smooth conduct of the process.Additionally, the IRP was instructed to make a public announcement of the CIRP, call for submission of claims, and ensure ongoing operations of the Corporate Debtor. The Registry was directed to communicate the order to all relevant parties promptly. The matter was scheduled for further consideration on a specified date.In conclusion, the Tribunal admitted the application, initiated the Corporate Insolvency Resolution Process, appointed the IRP, declared a moratorium, and issued various directions to safeguard the interests of all stakeholders involved in the insolvency proceedings.