Page 101 - IBC Orders us 7-CA Mukesh Mohan
P. 101

Order Passed Under Sec 7
                                                                              Hon’ble NCLT Principal Bench

               been placed on record (Annexure 6 colly). The estimated value of security interest created in favour of the

               'Financial Creditor' on the basis of annual report of 2014-2015 is as under:

                       A.  Valuation of Fixed assets INR 314 crores


                       B.  Valuation of current assets INR 2340 crores

               9.      The 'Financial Creditor' has also placed on record latest and complete copy of financial contract

               along with all amendments and waivers upto date and the copy of the same have been placed on record
               (Annexure 7 colly). The documents placed on record are as under:-

                 (a)   Sanction letter dated 2.4.2013 by SBI with respect to Working Capital Consortium Agreement

                       dated 7.8.2013.

                 (b)   Working  Capital  Consortium  Agreement  dated  26.4.2013  executed  between  SBI,  other
                       consortium lenders and the Corporate Debtor.

                 (c)   Sanction letter dated 25.7.2013 by SBI with respect to Working Capital Consortium Agreement
                       dated 7.8.2013.

                 (d)   Working Capital Consortium Agreement dated 7.8.2013 executed between SBI, other consortium

                       lenders and the Corporate Debtor.

                 (e)   Agreement of Loan for overall limit dated 25.2.2014 executed between SBI and the  Corporate
                       Debtor

                 (f)   Assignment  Agreements  dated  23.3.2015,  29.6.2015,  29.9.2015,  30.12.2015,  29.3.2016,

                       30,6.2016 and 28.2.2017 executed between SBI and Edelweiss Assets Reconstruction Company
                       Ltd. in its capacity as trustee of EARCT.


               10.     To fulfil the requirement of showing the record of default the 'Financial Creditor' has annexed
               status classification report of corporate debtor dated 21.62017 issued by CIBIL (Annexure 8). Copies of
               entries in Bankers book in accordance with the Bankers Book Evidence Act, 1891 showing the detail
               account  of  Corporate  Debtor  maintained  by  the  State  Bank  of  India  have  also  been  placed  on  record

               (Annexure 9 Cony). Acknowledgment of debt issued by Corporate Debtor vide letter dated 28.3.2017 in
               favour of 'Financial Creditor' along with the annual report are also placed on record (annexure 10 colly).

               The 'Financial Creditor' in its capacity as trustee of other trusts has separately acquired financial assets
               and loan accounts of the Corporate Debtor to enable it to file claim for financial default on behalf of such
               other  trusts  for  the  financial  assets  acquired  by  such  other  trusts  in  accordance  with  the  provision  of






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