NCLT Chennai Admits Insolvency Petition Against For Outstanding Of Twelve Crore Rupees
The has officially admitted a plea under , to initiate the against . A bench comprising Judicial Member Sanjiv Jain and Technical Member Venkataraman Subramaniam passed the order on , following a petition filed by Tatad Nayan Gautambhai.
Case Background
The dispute stems from an dated , wherein the petitioner advanced ₹11 crore to the firm at an interest rate of 18% per annum. While the total disbursement amounted to ₹10.83 crore, the company's liability, including interest, escalated to ₹12.98 crore by the due date of . Although the corporate debtor had initially issued post-dated cheques to honor the repayment, it later informed the creditor of its inability to pay due to liquidity constraints.
Arguments and Contentions
During the proceedings, acknowledged the outstanding but requested leniency, citing that it was not a "sick" company but one dealing with temporary market volatility, increased costs of raw materials, and liquidity issues. The respondent argued that forced insolvency would disrupt its ongoing revival efforts.
However, the petitioner maintained that the was undisputed and verifiable through records at the . The tribunal emphasized that its role in a is limited to verifying the existence of and the fact of .
Key Observations
The Tribunal clarified the scope of its
, stating:
*
"The IBC is a complete code in itself. The
and the
are creatures of the statute. Their
is statutorily conferred."
*
"Once NCLT is satisfied that the
has occurred, there is hardly a discretion left with NCLT to refuse admission of the application under Section 7."
*
"In case the record of Information Utility shows that there is a
which is in
, the
or the
are not required to further examine the record."
Judicial Decision
The NCLT bench rejected the plea for further grace periods, noting that does not negate . Consequently, the tribunal admitted the petition and appointed Rajesh Jasti as the to oversee the resolution process.
A under has been declared, prohibiting the institution or continuation of suits and the alienation of assets to preserve the company’s value during the CIRP. The management and powers of the Board of Directors of are now vested with the appointed IRP, who has been directed to submit a report within 20 days. This ruling reinforces the judiciary's strict approach toward upholding financial covenants under the insolvency framework.