Distinguish between Insolvency Commencement Date and Initiation of CIRP citing relevant case law(s).

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2022
Distinguish between Insolvency Commencement Date and Initiation of CIRP citing relevant case law(s).

Answer & Explanation:

Hon'ble Supreme Court in the case of Ramesh Kymal vs. M/s Siemens Gamesa Renewable Power Pvt Ltd judgement dated February 9, 2021 observed that the date of the initiation of the CIRP is the date on which a financial creditor, operational creditor or corporate applicant makes an application to the adjudicating authority for initiating the process. On the other hand, the insolvency commencement date is the date of admission of the application. This distinction is also evident from the provisions of sub-section (6) of Section 7, sub-section (6) of Section 9 and sub-section (5) of Section 10. Section 7 deals with the initiation of the CIRP by a financial creditor; Section 8 provides for the insolvency resolution by an operational creditor; Section 9 provides for the application for initiation of the CIRP by an operational creditor; and Section 10 provides for the initiation of the CIRP by a corporate applicant.

Topics: Insolvency and Bankruptcy Code, 2016

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