Page 459 - IBC Orders us 7-CA Mukesh Mohan
P. 459

Order Passed Under Sec 7
                                                                        By Hon’ble NCLT Chandigarh Bench

               (a) 1st pari pasu charge over fixed assets of the company present and future including Land & Building
               situated at Ajnata Road Opposite Amritsar international Airport, Amritsar.


               (b) Extension of charge over the SCO No. 166 Sector 38 C & D Chandigarh.


               (c) Extension of charge over the SCO No. 205 Sector 36D, Chandigarh.


               (d) Extension of charge over the SCO No. 167 Sector 38 C & D, Chandigarh.


               (e) Extension of charge over the COMMERCIAL LAND AND BUILDING AND LAND AT G.T. Road,

               Amritsar


               (f)  Extension  of  charge  over  the  residential  property  bearing  No.  21,  Block  L,  Birch  Court,  Nirwana
               Country, South City 2, Phase II Gurgaon Haryana.



               (g) Extension of charge over the residential property bearing No. 30, Road No. 64, Village Madipur West
               Punjabi Bagh New Delhi.


               (h) Exclusive charge of Property bearing Pt No. 75, 76, 77, Khasra No. 22/120 Min situated at Rakba
               Village Sichandar, Tehsil & distt. Amritsar Vide Sale Deed 9803 dated 10.10.2006.


               Entries  were  made  in  the  relevant  register  of  the  Bank  in  proof  of  creation  of  equitable  mortgage  by

               deposit of title deeds. These entries are at Annexure A-34 (colly) from pages 622 to 625 of the Paper
               Book. The Certificate of Registration of Charge entered in the record of Registrar of Companies is at

               Annexure A-6 (colly).


               9. It is further stated that due to continuous default committed by the 'Corporate-Debtor' the account of
               the 'Corporate-Debtor' was declared as Non-Performing Asset (NPA) on 14.07.2016 and the petitioner
               bank  issued  the  recall  notice  dated  31.01.2017  Annexure  A-4,  The  'Corporate-Debtor'  is  said  to  have

               defaulted for an amount of ` 13,34,38,741.78 as on 01.07.2016 plus the interest w.e.f. 01.07.2018 and
               according to 'Financial-Creditor' the amount of default up to 30.04.2017 comes to ` 14,76,36,740.34.


               10. When the matter was listed for the first time before the Tribunal on 11.07.2017 it was noticed that

               statements of account of the 'Corporate-Debtor' relied upon by the Financial-Creditor' were not certified
               under the Bankers' Books Evidence Act. Notice of this defect was issued to the petitioner and learned
               counsel for the petitioner present accepted the notice. It was directed to make compliance within a period




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