The podcast discusses creditors' misuse of the Insolvency and Bankruptcy Code, highlighting a court battle between tech companies and the challenges in defining disputes. They also talk about the slow debt resolution process despite the goal of expediting resolutions.
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Quick takeaways
Creditors misusing the Insolvency and Bankruptcy Code hampers the effectiveness of the law.
Defining what constitutes a dispute in insolvency court is a subjective challenge.
Deep dives
Misuse of the Insolvency Code
Creditors misusing the Insolvency and Bankruptcy Code (IBC) is a major issue in the legal system. The case of Mobile-ox Innovations highlights this problem. Mobile-ox had an outsourcing agreement with Kirusa Software, but when Kirusa didn't receive payment, it wanted to initiate insolvency proceedings against Mobile-ox. However, the Supreme Court dismissed the case because it was based on a dispute rather than the inability to pay. The misuse of the IBC not only wastes court time but also hampers the effectiveness of the law.
Challenges in Defining Disputes
One of the challenges in the insolvency court is defining what constitutes a dispute. The IBC requires an existing dispute between the debtor and creditor to proceed with insolvency proceedings. However, the definition of a dispute can be subjective. An example is the case of Rasna, a beverage company, where Bharat Road Carrier took them to court for unpaid dues. Rasna delayed payments and claimed disputed/deficient bills, but failed to clearly state the reasons for the dispute. This resulted in the court ruling against Rasna. The lack of clarity in defining disputes complicates the resolution process under the IBC.