Page 591 - IBC Orders us 7-CA Mukesh Mohan
P. 591

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

                                     IN THE NATIONAL COMPANY LAW TRIBUNAL
                                                     MUMBAI BENCH

                                             C.P. (I.B.) No. 12/7/NCLT/MAH/2017


                                                   Decided On: 17.02.2017

                                                Applicant: ICICI Bank Limited
                                                             Vs.
                                           Respondent: Starlog Enterprises Limited


               Judges/Coram:
               Hon'ble Sh. B. S. V. Prakash Kumar, Member (J)


               Counsels:
               For  Appellant/Petitioner/Plaintiff:  Mr.  Shyam  Kapadia,  Ms.  Shreevandhini  Parchure  and  Ms.  Isha
               Maniar, Learned Advocates

               For Respondents/Defendant:

                                                          ORDER



               Hon'ble Sh. B. S. V. Prakash Kumar, Member (J)


                The petitioner i.e., ICICI Bank, having failed to realize outstanding dues from the Corporate Debtor i.e.,

                Starlog Enterprises Limited in respect to the loan facilities the petitioner granted, filed this petition u/s 7
                of The Insolvency and Bankruptcy Code 2016(herein after referred as "Code"), seeking for admission of

                this  petition  declaring  moratorium  on  the  Corporate  Debtor  Company,  direction  for  public

                announcement of initiation of corporate insolvency process and call for the submission of claims u/s 15
                and appointment of interim resolution professional as prescribed under the Code and Rules thereon.



                2.     The  Petitioner,  Financial  Creditor,  granted  Rs.  230rnillion  Rupee  Term  Loan  facility  (RTL

                Facility) on an agreement entered on October 19,2011, thereafter disbursed the same, apart from this,
                this petitioner also granted Rs. 160 million Working Capital Term Loan Facility (WCTL Facility) on an

                agreement dated March 2014 and disbursed the same on March 6, 2014.



                3.     Besides the above two facilities, this petitioner already granted Rs. 20.4 million Working Capital
                Bank  Guarantee  facility  (BG  Facility)  basing  on  facility  agreement  dated  October  27,  2007  with

                utilization date as February 02, 2017.



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