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Initiation of CIRP - Relevant date of default - The Tribunal noted the appellant’s arguments about defaults prior to the RBI’s COVID-19 moratorium guidelines but also observed that the application for CIRP and the recall notice came after the implementation of these guidelines. The Tribunal concluded that while the initial default might have occurred before the pandemic, the formal procedures for CIRP were only initiated after the pandemic began, thereby falling within the protective scope of Section 10A of the IBC. Consequently, the Tribunal dismissed the appeal, upholding the adjudicating authority's decision not to initiate CIRP, but noted that the appellant retains the right to pursue other legal remedies to recover the debt.
Initiation of CIRP - Relevant date of default - The Tribunal noted the appellant’s arguments about defaults prior to the RBI’s COVID-19 moratorium guidelines but also observed that the application for CIRP and the recall notice came after the implementation of these guidelines. The Tribunal concluded that while the initial default might have occurred before the pandemic, the formal procedures for CIRP were only initiated after the pandemic began, thereby falling within the protective scope of Section 10A of the IBC. Consequently, the Tribunal dismissed the appeal, upholding the adjudicating authority's decision not to initiate CIRP, but noted that the appellant retains the right to pursue other legal remedies to recover the debt.
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