Page 322 - IBC Orders us 7-CA Mukesh Mohan

Order Passed by Sec 7
Hon’ble NCLT Ahemdabad Bench
6. In view of the above stated facts, the amount due to the Applicant Bank from the Respondent

Company is a 'financial debt' within the meaning of clause (a) of sub-section (8) of section 5 of
the IB code. Therefore, the Applicant Bank is Financial Creditor and Respondent Company is a
Corporate Debtor. In view of the above said documents, it is clear that Respondent Company

committed default in repayment of the loan amount.

7. In an application under section 7 of the code, this Adjudicating Authority is required to ascertain
existence of default from the records of information utility or on the basis of other evidence

furnished by the Financial Creditor, as lid down in the decision of the Hon'ble National Company
th
Law Applelate Tribunal, on 17 January, 2017, in Company Appeal (AT) (Insolvency) No. 1 & 2
of 2017 in the matter of M/s. Innoventive Industries Ltd. Vs. ICICI Bank & Anr, in the following

paragraphs;

"82. As discussed in the previous paragraphs, for initiation of corporate
resolution process by financial creditor under sub-section (4) of section 7 of the

code, 2016, the 'adjudicating authority' on receipt of application under sub0sectio
n (2) is required to ascertain existence of fedault from the records of Information
Utility or on the basis of other evidence furnished by the financial creditor under

sub-section (3). Under section 5 of section 7, the 'adjudicating authority' is
required to satisfy-

(a) Whether a default has occurred;

(b) Whether an application is complete; and

(c) Whether any disciplinary proceeding is against the proposed

Insolvency Resolution Professional.

83. Once it is satisfied it is required to admit the case but in case the application
is incomplete application, the financial creditor is to be granted seven days' time

to complete the application. However, in a case where there is no default or
defects cannot be rectified, or the record enclosed is misleading, the application
has to be rejected."

8. Further, the applicant proposed the name of "Insolvency Resolution Professional and also field

his written Communication in Form-2. This Adjudicating Authority hereby ppoint Mr. Pinakin
Shah, CS, having address at M/s. Pinakin Shah & Company, A-201, Siddhi Vinayak Tower, Next

to Kataria House, Makrba, Ahmedabad-380051 with Registration No. IBBI/IPA-002/IP-
00106/2017-2018/10248, as 'Interim Insolvency Resolution Professional; In view of the above

322