Paresh Parekh & Others Vs Alchemist Asset Reconstruction Co. Ltd.
.... anner whatsoever including but not limited to by hypothecation and/or pledge and/or mortgage under separate security documents executed with the Bank, the Guarantors agree that no failure in requiring or obtaining such security or in the observance or performance of any of the stipulations or ...
National Company Law Appellate Tribunal New Delhi
Kotak Mahindra Bank Limited Vs Uttar Pradesh State Cement Corporation Ltd And Ors
.... nd has stated that in the said order, it is clear that there was no One Time Settlement and the Hon’ble High Court vide said order had only directed the official liquidator to disburse the claim of the secured creditors on the basis of agreed contractual rate of interest up to the date of windin ...
Debts Recovery Appellate Tribunal, Allahabad Bench
Vikram Babulal Sanghvi Vs State Bank of India
.... approval of Resolution Plan, entire debt of the Corporate Debtor stood extinguished and as a result there will be no default. It was held by this Tribunal that even after approval of Resolution Plan, recourse against third party can be resorted to and the approval of Resolution Plan, does not ex ...
National Company Law Appellate Tribunal New Delhi
Hemant Shantilal Shah & Anr Vs Care office Equipment Ltd. & Ors
.... alue the assets of the CD, if required.” 7 th CoC Meeting on 13.02.2020 “4) Discussion during meeting: • Resolution Professional placed all valuation reports before COC and discussed.” (Emphasis supplied) 20. These discussions and deliberations were further clarified ...
National Company Law Appellate Tribunal New Delhi
Deogiri Nagri Sahakari Bank Limited And Others Vs M/s. Powerup Electricals And Others
.... the principal debtor for two months only. It was the responsibility of the guarantors to repay the loan anyhow. On 22.04.1992, the guarantors executed the continue security letter and thereby, they agreed that the demand promissory note is to be treated as continuing security for the balance an ...
Bombay High Court (Aurangabad Bench)
Pirmal Capital and Housing Finance Limited Vs Hydric infrastructure Private Limited
.... ell as the Corporate Guarantor. The observations made in para – 32 of the Judgement that second application for same set of claim and default can not be admitted against the Corporate Guarantor or Principal Borrower was not an issue in the matter of Piramal. 19. It is clear that in the matt ...
National Company Law Appellate Tribunal New Delhi
Punjab National Bank Vs Sandwoods Infratech Projects (P) Ltd
.... ivable from all homebuyers and from sale proceeds of unsold flats of the project without any cost escalation. The Adjudicating Authority has also noticed that the resolution plan conforms to Section 30(2) of the IBC besides providing for implementation and supervision of the said plan. It has al ...
National Company Law Appellate Tribunal New Delhi
SVA Family Welfare Trust & Anr Vs Ujaas Energy Ltd. & Ors
.... rge of a principal borrower from the debt owed by it to its creditor, by an involuntary process, i.e. by operation of law, or due to liquidation or insolvency proceeding, does not absolve the surety/guarantor of his or her liability, which arises out of an independent contract.” 16. ...
National Company Law Appellate Tribunal New Delhi
Vineet Saraf Vs Rural Electrification Corporation Ltd.
.... oner. 83. The petitioner, in support of its contention, relies upon Prashant Shashi Ruia (supra). This court is, however, not inclined to rely upon the case of Prashant Shashi Ruia (supra) directly, as the learned senior counsel for the respondent points out, in the said case, the High Cour ...
Delhi High Court
Future Market Networks Limited Vs Central bank of India
.... lity, it is only just and equitable that the present Company petition be dismissed at the outset with appropriate direction be passed to the financial creditor to return all the security documents pertaining to the said facility. 5. The Financial creditor has filed a written submission stat ...
National Company Law Tribunal, Mumbai Bench Court IV
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