'Best Food' was a restaurant located at a leased premises in Mumbai. It had a great reputation, award-winning chefs and tastefully designed interiors. Much of its business came from executive lunches and dinners. Followi

CS Professional · Insolvency - Law and Practice · PYQS · December 2024
'Best Food' was a restaurant located at a leased premises in Mumbai. It had a great reputation, award-winning chefs and tastefully designed interiors. Much of its business came from executive lunches and dinners. Following the opening of 'Heavens', another excellent restaurant in the nearby vicinity, business losses were incurred by Best Food and eventually Best Food became insolvent. All efforts towards reducing the rent or to sell the business were unsuccessful. Suppliers of food, beverages and utilities were unpaid for supplies provided in the previous 45-60 days, amounting to around ₹90,000. There were rental arrears for one month amounting to ₹50,000 towards landlord Gopal (the landlord had received advance rent for three months, lease deed provided for one-month rent as security and two month's rent as advance). Best Food also had a secured creditor, 'IBS Bank'. The bank indicated that it did not wish to appoint a receiver/file for insolvency as the accounts were regularly maintained. Best Food was managed by Mr. Ramesh, as a sole proprietor. He employed a staff of 10 people, including a chef, an assistant chef, six waiters and two housekeeping staff. The salaries due to these employees were paid in half since the past three months. In light of the above, answer the following questions with reference to the provisions of the Insolvency and Bankruptcy Code, 2016. Whether Best Food can apply for fresh start process? Provide answer citing reasons.

Answer & Explanation:

Section 80(2)(c) of the Insolvency and Bankruptcy Code, 2016, provides a Fresh Start Process for individuals under which they will be eligible for a debt waiver of up to ₹35,000. The individual will be eligible for the waiver subject to certain limits prescribed under the Code. Section 80 of the Insolvency and Bankruptcy Code, 2016, provides that a debtor who is unable to pay his debt and fulfils the conditions as mentioned in sub-section (2) of section 80 shall be entitled to make an application to the Debt Recovery Tribunal (DRT) for a fresh start process for discharge of his qualifying debt, provided the aggregate value of the qualifying debts does not exceed thirty-five thousand rupees. Section 79(19) of the Insolvency and Bankruptcy Code, 2016, defines the meaning of Qualifying Debt. It means an amount due, which includes interest or any other sum due in respect of the amounts owed under any contract, by the debtor for a liquidated sum either immediately or at a certain future time but does not include: an excluded debt; a debt to the extent it is secured; and any debt which has been incurred three months prior to the date of the application for fresh start process. As the amounts due by Best Food do not fall under the definition of Qualifying Debt (e.g., ₹90,000 to suppliers, ₹50,000 rental arrears, secured debt to IBS Bank, and unpaid salaries), Best Food cannot apply for a fresh start process.

Topics: Insolvency Resolution Process for Individuals and Partnership Firms

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic