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2020 (5) TMI 563 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - whether the Adjudicating Authority was justified in ignoring the time frame prescribed under Section 7 of the ‘I&B Code’ and embarking upon an enquiry to determine whether the applications filed under Section 7 contained false information, when the matters were at the very threshold stage? - HELD THAT:- ‘I&B Code’ inter alia, consolidates and amends the law relating to insolvency resolution of corporate persons in a time bound manner for various objects sought to be achieved by the statute as specified in the preamble. Section 7 of the ‘I&B Code’ deals with initiation of ‘Corporate Insolvency Resolution Process’ by the ‘Financial Creditor’. The plain language of sub-section (4) of Section 7 leaves no room for doubt that the Adjudicating Authority is required to ascertain existence of default from records of an information utility. The Adjudicating Authority can also ascertain the same from other evidence furnished by the ‘Financial Creditor’. This has to be done within 14 days of the receipt of application. The ‘I&B Code’ has specified time frame for conclusion of ‘Corporate Insolvency Resolution Process’ within 180 days and the extended period prescribed is 270 days. With the latest amendment, provision has been made for inclusion of period of judicial intervention, thereby taking the total extended period upto 330 days. A mere glance at the legal framework governing ‘Corporate Insolvency Resolution Process’ brings it to the fore that speed is the password and all authorities under the ‘I&B Code’ have to adhere to the prescribed timelines. The impugned orders suffer from grave legal infirmity and cannot be sustained - Appeal allowed.
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