Page 401 - IBC Orders us 7-CA Mukesh Mohan
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Order Passed Under Sec 7
                                                                             Hon’ble NCLT Allahabad Bench

                                     IN THE NATIONAL COMPANY LAW TRIBUNAL
                                                   ALLAHABAD BENCH

                                           C.P. (I.B.) No. 70 & 71/7/NCLT/ALD/2017


                                                   Decided On: 20.09.2017

                                                  Applicant: Bank of Baroda
                                                             Vs.
                                            Respondent: Rotomac Global Pvt. Ltd.


               Judges/Coram:
               Hon'ble Sh. H.P.  Chaturvedi,  Member (J)


               Counsels:
               For  Appellant/Petitioner/Plaintiff:  Sh.  Anurag  Khanna,  Sr,  Advocate,  alongwith  Sh.  Rahul  Agarwal,
               Advocate

               For Respondents/Defendant: Sh. Navin Sinha, Sh. Dinesh Kakkar, Advocates

                                                          ORDER



               Hon'ble Sh. H.P.  Chaturvedi, Member (J)


                   Present  insolvency  Applications  i.e.  CP  No.(113)70/ALD/2017  and  CP  No.(IB)71/ALD/2017  are
               tiled by the Financial Creditor the Bank of Baroda) against the Corporate Debtor Companies  Rotomac
               Global Private Limited and Rotomac Exports Private Limited respectively.


                   These applications have been filed U/s 7 of the insolvency & Bankruptcy Code, 2016 [hereinafter
               referred to as "the Code] read with Rule 4 of the Insolvency & Bankruptcy (Application to Adjudicating

               Authority)  Rules,  2016  for  triggering  the  Corporate  Insolvency  Resolution  Process  in  respect  of  the
               corporate debtor companies namely M/s Rotomac Global Private Limited (being principal borrower)
               and further M/s Rotomac  Exports Private Limited (as being surety to the loan availed).  lance, both

               the  applications  were  heard  together  and  for  the  sake  of  convenience,  are  being  disposed  of  by  this
               common order.


                   Brief  facts  of  the  case,  as  per  the  Applicant  Bank  is  that  the  Corporate  Debtor  Company  has
               committed  default  in  making  payment  of  its  debts  for  outstanding  amount  of  Rs.553,78,21,954.66/-

               (Rupees Five hundred and Fifty-Three Crores, Seventy-Eight Lakhs, Twenty-One Thousand, Nine
               Hundred  and  Fifty-Four  and  Sixty-Six  Paise  Only)  such  loan  facilities  have  been  availed  by  the
               borrower company M/s Rotomac Global Pvt. Ltd, to which the another Corporate Debtor Company (in




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