2021 (3) TMI 165 - Tri - Insolvency and Bankruptcy

Tribunal approves insolvency process under Section 7 of Insolvency and Bankruptcy Code

The tribunal admitted the application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution ... Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of loan - Corporate Debtor denied the liability alleging that that the said amount was towards capital contribution and was not a loan - existence of debt and dispute or not - time limitation - HELD THAT:- It is evident from the record that the application has been filed on the Performa prescribed under Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 read with Section 7 of IBC. The application under Section 7 is complete - The last balance of confirmation is issued on 01.04.2017, the amount due was payable in the year 2019, the applicant approached corporate for payment of debt in April 2019 and the present application is filed on 04.09.2019. Hence, the application is within in the period and is not barred by limitation. The registered office of the Corporate Debtor is situated at Delhi and therefore this tribunal has jurisdiction to entertain and try this application. The application is complete and deserves to be admitted - application admitted - moratorium declared. Issues involved:1. Application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 for initiating Corporate Insolvency Resolution Process against a company.2. Dispute regarding loan repayment between the applicant and the corporate debtor.3. Objections raised by the corporate debtor against the application, including issues of time-barred debt, lack of loan agreement, and dispute over the nature of the amount received.4. Jurisdiction of the tribunal to entertain the application.5. Admission of debt by the corporate debtor during the hearing.Analysis of the Judgment:1. The application was filed under Section 7 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process against the corporate debtor. The applicant claimed that a loan of INR 2.20 Crore was granted to the corporate debtor in 2015, with a remaining outstanding amount of INR 70,00,000/- along with agreed interest. The applicant provided evidence of the loan agreement and attempts to recover the debt, leading to the application being deemed complete.2. A dispute arose when the corporate debtor denied the liability for the loan amount, claiming it was a capital contribution and not a loan. The corporate debtor raised objections, including the lack of a formal loan agreement, absence of documentation for interest, and disputing the nature of the transaction. The applicant responded to these objections, providing evidence of the loan agreement, confirmation of accounts, and justifying the nature of the transaction.3. The tribunal examined the objections raised by the corporate debtor, including the contention that the debt was time-barred, absence of loan documentation, and the dispute over the nature of the amount received. The tribunal found that the application was not time-barred, as it was filed within the limitation period, and the applicant had provided sufficient evidence to support the existence of the loan agreement.4. The tribunal established its jurisdiction to entertain the application, considering the registered office of the corporate debtor in Delhi. During the hearing, the corporate debtor admitted the debt and expressed no objection to the application being admitted. Subsequently, the tribunal admitted the application and appointed an Interim Resolution Professional (IRP) to oversee the insolvency resolution process.5. Following the admission of the application, the tribunal directed the applicant to deposit a sum with the IRP to cover expenses related to the resolution process. The tribunal communicated its order to the applicant, corporate debtor, and relevant authorities, ensuring compliance with the regulatory requirements for insolvency proceedings.This detailed analysis covers the key issues involved in the judgment, outlining the legal proceedings and decisions made by the tribunal in response to the application for initiating Corporate Insolvency Resolution Process.