Will your answer differ, if the SFL has not defaulted in servicing the credit facility granted by the A-One Bank but still want to initiate the CIRP ?
CS Professional · Insolvency and Bankruptcy - Law and Practice · PYQS · December 2025
Will your answer differ, if the SFL has not defaulted in servicing the credit facility granted by the A-One Bank but still want to initiate the CIRP ?
Answer & Explanation:
Section 10(1) of the Insolvency and Bankruptcy Code, 2016 states that where a corporate debtor has committed a default, a corporate applicant thereof may file an application for initiating corporate insolvency resolution process with the Adjudicating Authority. Therefore, there is a pre-condition that the corporate debtor has committed default in servicing the credit facility to the A-One Bank. If the SFL had not defaulted in servicing the credit facility to the Bank, it would not be eligible to initiate CIRP merely on its own volition. However, in the given case, the default is specifically in respect of the term loan of ₹ 10 crore, which clearly meets the statutory threshold of ₹ 1 crore under Section 4 of the Code. The fact that the cash credit facility of ₹ 2 crore has not been defaulted upon is immaterial, since the Code requires default in any debt, not necessarily all debts.
Topics: Corporate Insolvency Resolution Process (CIRP)
Related Questions in this Topic
- The financial creditors initiated the corporate insolvency resolution process (CIRP) against Romi Digital Publications L...
- In the given case, two resolution plans were received by the CoC. One from Dinesh Textiles Private Limited and another o...
- Suruchi Fabrics Limited (SFL) availed term loan of ₹ 10 Crore and cash credit facility of ₹ 2 Crore from A-One Bank Ltd....
- Whether the Corporate Insolvency Resolution Process (CIRP) initiated against Swarnim Builders, is required to be complet...
- Vikky Construction Company Pvt. Ltd. (Corporate Debtor & Respondent) entered into a sub-Contract Agreement with one Nush...