Page 458 - IBC Orders us 7-CA Mukesh Mohan
P. 458

Order Passed under Sec 7
               By Hon’ble NCLT Chandigarh Bench
               3. 'Corporate-Debtor' was incorporated on 29.09.2005 having authorised share capital of ` 7,00,00,000/-

               (Rupees seven crores only) and paid up capital of ` 5,85,42,010/- (Rupees five crores eighty-five lacs
               forty-two thousand and ten only). It has been allotted CIN No. U55100PB2005PTC29009. The registered
               office of the 'Corporate-Debtor' is at Amritsar and thus the matter falls within the territorial jurisdiction of

               this Tribunal.


               4. The 'Financial-Creditor' also proposed the name of C.A. Navneet Gupta, #1598, Level-I, Sector 22-B,
               Chandigarh, Email: indiaiip@gmail.com. as Interim Resolution Professional to satisfy the requirement of

               Section 7(3)(b) of the 'Code' Mr. Navneet Gupta, CA has filed the written communication in Form No. 2
               (Annexure A-44) which is found in order.


               5. It is stated that the total loan granted to the Corporate-Debtor' was ` 25,00,00,000/- (Rupees twenty-five
               crores only) with details of disbursement mentioned at Annexure A-3 (colly), These are different term

               loans and working capital (cash credit facility). The Term Loan No. I was for ` 13.00 crores; Term Loan
               No. II for ` 4.50 crores; Term Loan No. III for ` 5.00 crores and CC limit of ` 2.50 crores.


               6. The 'Financial-Creditor' has also relied upon various documents of loan. In respect of the Term Loan

               No. I, the documents are at Annexure A-9 to 15. Annexure A-9 is the loan application; the sanction letter
               dated 23.11.2006 Annexure A-10; resolution of Board of Directors of the 'Corporate-Debtor' of the year
               2006  Annexure  A-12;  document  of  hypothecation  of  assets  Annexure  A-13  dated  01.12.2006;  the

               agreement  of  term  loan  of  December,  2006  Annexure  A-14  and  guarantee  agreement  Annexure  A-15
               (colly).


               7. Similarly, various documents of Term Loan No. II are from Annexure A-16 to A-21 of the year 2011

               and  for  Term  Loan  No.  III  at  Annexure  A-22  to  A-28.  In  respect  of  the  working  capital  loan  the
               documents  are  from  Annexure  A-29  to  A-33  comprising  of  the  sanction  letter  dated  31.01.2012,
               hypothecation deed, guarantee agreement and the renewal letter of the year 2015. The 'Financial-Creditor'

               also placed on record copies of Statements of Account in respect of all the four loan facilities. These are
               from Annexures A-36 to A-39.


               8.  It  is  further  disclosed  that  the  'Corporate-Debtor'  along  with  its  directors/guarantors  mortgaged  the

               below mentioned property in favour of applicant by way of deposit of various sale deeds along with all
               the  movable  property,  plant,  machinery,  machinery  spares,  tools  and  accessories,  office  equipments,
               computers furniture and fixtures both present and future.


               DESCRIPTION OF PROPERTIES MORTGAGED


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