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Issues: Whether the application filed by the corporate applicant under section 10 of the Insolvency and Bankruptcy Code, 2016 was complete, discloses a debt and default above the statutory threshold, and is liable to be admitted for initiation of the Corporate Insolvency Resolution Process, with consequential orders for moratorium and appointment of an Interim Resolution Professional.
Analysis: The corporate applicant placed on record its books of account, financial statements, debt particulars, demand notices, statement of affairs, and the special resolution of shareholders authorising the filing of the application. The record showed that the debt was due and payable, the default was established, and the amount in default exceeded the threshold prescribed under section 4(1) of the Insolvency and Bankruptcy Code, 2016. The application was found to be free from defects and complete in all respects. The proposed Interim Resolution Professional had furnished consent, and the statutory requirements for admission under section 10 were satisfied.
Conclusion: The application was admitted, Corporate Insolvency Resolution Process was initiated, moratorium was ordered, and the proposed Interim Resolution Professional was appointed subject to the stated statutory compliance.