The ) has admitted Sharanam Infraproject and Trading Limited into the under the (), rejecting the company's request for time to restructure its debts. The petition was filed by Maruti Corporation, an seeking recovery of ₹10.35 crore for unpaid supplies of agricultural and ancillary products.
The bench, comprising Judicial Member Chitra Hankare and Technical Member Dr V. G. Venkatachalapathy, observed that a cannot be a ground to reject a valid insolvency application under . The order noted that the debtor's own ledger and audited financial statements confirmed the outstanding liability, and that the was undisputed.
's Case and Debtor's Acknowledgment
Maruti Corporation, a sole proprietorship, entered into a supply agreement with Sharanam Infraproject on . Under this agreement, the supplied goods between 2 December and . Invoices were raised for each consignment, and were issued by the as payment.
However, by a letter dated , Sharanam Infraproject acknowledged its liability of ₹10.35 crore — comprising ₹8.72 crore in principal and ₹1.62 crore in interest — but requested the creditor not to deposit the cheques, citing liquidity constraints and adverse business conditions. Despite a formal issued on , the debt remained unpaid.
The relied on documentary evidence including the supply agreement, invoices, transport receipts, cheques, and the debtor's acknowledgment letter. It argued that the debt was undisputed, admitted by the debtor, and corroborated by the debtor's own financial records, including audited statements. The applicant further submitted that the debtor's plea for reasonable time to restructure or improve its liquidity did not constitute a valid defence under .
Court's Rejection of Restructuring as a Defence
In its reply, Sharanam Infraproject admitted to the supplies and issuance of cheques but cited severe cash-flow constraints and liabilities towards multiple creditors. It argued that the request not to present the cheques was temporary and not a repudiation of debt. The debtor claimed to be negotiating restructuring arrangements and sought reasonable time to resolve its dues. However, it did not place any concrete repayment proposal or schedule before the tribunal.
The , after hearing both sides and perusing the documents, found that the application was within the , the debt was admitted, and a had occurred. It noted that the were withheld due to a liquidity crunch. The tribunal emphasised that the debtor's own ledger and audited financial statements confirmed the outstanding liability. It held that restructuring proposals cannot be a ground for rejection of an .
Accordingly, the tribunal allowed the petition and admitted Sharanam Infraproject into CIRP, imposing a on any further legal proceedings against the company. The bench also appointed Amrish Navinchandra Gandhi, a registered insolvency professional, as the to manage the company's affairs during the resolution process.
The order underscores that operational creditors can seek relief under the even when a debtor acknowledges liability but seeks additional time, as long as the statutory requirements of and debt are met. The decision is likely to influence similar cases where corporate debtors attempt to delay CIRP by citing ongoing restructuring negotiations.
Next Steps in the Resolution Process
With the admission of the petition, the IRP will take control of Sharanam Infraproject's assets and operations. The will protect the company from further legal actions while the IRP invites claims from all creditors and forms a committee of creditors. The resolution process must be completed within 180 days, extendable by a further 90 days, as per the timeline.
The , Maruti Corporation, will now have a seat at the table as a member of the committee of creditors, depending on the value of its claim. The IRP is expected to issue a public announcement inviting claims within the next few days.
The case was argued by Advocates and for the , and by Advocates and for the .