# In the matter of V. Ravichandran Vs. Indian Overseas Bank & Anr. CA (AT) (Ins) No.990 of 2019

> NCLAT judgment dated 2019-09-24. Citation: TCN-2019-NCLAT-00251. This case involves an appeal against the admission of an application under Section 7 of the…

- **Court:** NCLAT
- **Order date:** 24 Sept 2019
- **Citation:** TCN-2019-NCLAT-00251
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/v-ravichandran-vs-indian-overseas-bank-anr-ca-e62ed5b9

## Summary

### Background

This case involves an appeal against the admission of an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the Corporate Debtor, M/s. Aascar Films Pvt. Ltd., by the Adjudicating Authority (National Company Law Tribunal, Division Bench, Chennai). The Indian Overseas Bank (Financial Creditor) filed the application due to outstanding debts related to film financing. The appellant, V. Ravichandran, sought a one-time settlement, but the debt remained outstanding. The Adjudicating Authority admitted the application, initiating the CIRP process. The Appellant had previously litigated before the High Court of Madras and DRT.

## Facts

The Indian Overseas Bank (Financial Creditor) filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) against M/s. Aascar Films Pvt. Ltd. (Corporate Debtor) due to outstanding financial debt related to film financing. The Adjudicating Authority admitted the application, initiating the Corporate Insolvency Resolution Process (CIRP). V. Ravichandran (Appellant) appealed against this admission, claiming he sought a one-time settlement with the Financial Creditor. The Appellant had previously litigated before the High Court of Madras and DRT. The Appellant had already paid Rs.16 Crores out of Rs.77.20 Crores to be paid against release of an asset and expressed willingness to clear the remaining dues. The Financial Creditor had given time till

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in admitting the Section 7 application under the IBC, …

**Ratio:** The Adjudicating Authority is empowered to admit an application under Section 7 of the

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**Reasoning:** The court considered the fact that the debt was admitted and outstanding. The Appellant's

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**Interpretation:** Section 7 of the IBC allows a financial creditor to initiate CIRP if a default

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**Application:** In this case, the Adjudicating Authority correctly admitted the application

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## Parties

- **Judges:** A.I.S. C…; KanthiNar…
- **Appellants:** V. Ravich…
- **Respondents:** M/s. Aascar Films…; Indian Overseas…
- **Advocates:** D. Sreeni…; G. Ananda…; +1 more

## Timeline

- **2016-01-01 — Enactment…**: The Insolvency and Bankruptcy…
- **2019-07-31 — Appellant's Letter to…**: The Appellant moved the Financial…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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