Page 162 - IBC Orders us 7-CA Mukesh Mohan

Order Passed by Sec 7
Hon’ble NCLT Principal Bench
(d) charge on the assets created/ to be created out of the Facilities;

(e) a first charge on Borrower's all bank accounts including but not limited to escrow account/
trust and retention accounts, DSRA, which consists of operating cash flow, treasury income and

revenue / receivables of the Borrower;

(f) second charge on all the current assets of the Borrower (first charge created / to be created in

favour of working capital lender).

A copy of certificate of registration of charges issued by the Registrar of Companies with respect to the

aforementioned securities have been annexed (Exhibit-9).

A copy of the memorandum of entry dated April 16, 2013 (the "Memorandum of Entry") in respect of the

second charge on a pari passu basis created in favour of the BoB Consortium by way of mortgage by
deposit of title deeds of the Immovable Property has been annexed (Exhibit - 10).

A copy of the composite deed of hypothecation dated April 16, 2013, as amended by the composite deed
of hypothecation dated June 18, 2013 (collectively, the "RTL Deed of Hypothecation") executed by the
Corporate Debtor in favour of the BoB consortium in respect of the RTL Facility has been annexed

(Exhibit-11).

A copy of the joint deed of hypothecation dated April 16, 2013, (the "WC Deed of Hypothecation")

executed by the Corporate Debtor in favour of the BoB consortium in respect of the WC Facility has been
annexed (Exhibit-12).

8. The following Corporate Entities have furnished the Corporate guarantees:-

(a) Ultra Home Construction Private Limited; and

(b) Amrapali Smart City Private Limited

Both of them have guaranteed the obligations of the corporate debtor under the Facility Agreement and
WC Agreement executed by the Corporate Entities in favour of the consortium banks. Copies of the
Corporate Guarantee Agreements have been placed on record (Exhibit-13).

9. The Financial Creditor also placed on record the Personal Guar tees of the Corporate Debtor furnished
Mr. Anil Kumar Sharma, Mr. Shivpriya and Mr. Ajay Kumar. All of them have guaranteed the

obligations of the Corporate Debtor under the Facility Agreement and WC Agreement dated 16.04.2013
86 27.04.2016. Copies of the Personal Guarantees have been placed on record (Exhibit- 14).

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