Page 645 - IBC Orders us 7-CA Mukesh Mohan

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

claiming damage is accrued to the party. Here, there being an exclusive understanding between the parties
to pay interest as agreed upon in the event of default, this Bench has no discretion to compute the interest
ignoring the contractual arrangements entered between the parties.

16.In respect to these citations Sanat Kumar Das& Others 'cis Indra Nath Barman & others (AIR 1917
Calcutta 502) and Central Bank of India vis Ravindra & Others ((2002) I SCC Page No. 367), one is over

damages case decided in the year 1917 and another over interest pendent lite and post decree interest uis
34 of CPC, not on any contractual interest rates, therefore in our opinion, they will not have any bearing

with regard to the interest rates claimed as agreed upon till before filing this case.

17.It is very much evident on the record the first cheque issued for redemption of the part of the debenture

being dishonoured, it is evident that default has occurred and the Corporate Debtor is under obligation to
make repayment to the debenture holders, the same not being made, this application is fit for initiating
corporate Insolvency resolution process. Accordingly, this application is hereby admitted.

18. On perusal of the documents placed and the reasons given above, this Bench being satisfied that the
debtor company defaulted in repaying its debt to the financial creditor, this Bench hereby admits this

application prohibiting all of the following of item-I, namely: -

(I) (a) the institution of suits or continuation of pending suits or proceedings against the corporate debtor

including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or
other authority;

(b) transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any
legal right or beneficial interest therein;

(c) any action to foreclose, recover or enforce any security interest created by the corporate debtor in
respect of its property including any action under the Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002(SARFAESI Act);

(d) the recovery of any property by an owner or lessor where such property is occupied by or in the
possession of the corporate debtor.

(II) That supply of essential goods or services to the corporate debtor, if continuing, shall not be
terminated or suspended or interrupted during moratorium period.

(III) That the provisions of sub-section (1) Section 14 shall not apply to such transactions as may be
notified by the Central Government in consultation with any financial sector regulator.

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