Page 738 - IBC Orders us 7-CA Mukesh Mohan
P. 738

Order Passed under Sec 7
               By Hon’ble NCLT Mumbai Bench
                                     IN THE NATIONAL COMPANY LAW TRIBUNAL
                                                     MUMBAI BENCH

                                             C.P. (I.B.) No. 1140/7/NCLT/MB/2017


                                                   Decided On: 04.08.2017

                                       Applicant: Reliance Commercial Finance Limited
                                                             Vs.
                                       Respondent: Maharashta Vidyut Nigam Pvt. Ltd.

               Judges/Coram:
               Hon'ble Sh. M.K. Shrawat, (Member (J))

               Counsels:
               For Appellant/Petitioner/Plaintiff:

               For Respondents/Defendant:

                                                          ORDER


               Hon'ble Sh. M.K. Shrawat, Member (J)

                   1.  The  Petitioner  is  a  "Financial  Creditor"  hence  submitted  Form  No.1  on  28th  of  June  2017  in

                       respect of an outstanding financial Debt of Rs. 10,50,00,000 and also claiming interest thereon.
                       As per the details available on the requisite Form the Financial Debtor is Maharashtra Vidyut
                       Nigam Pvt. Ltd., Temple Road, Civil Line, Nagpur.

                   2.  There was a requirement of additional fund to be used as working capital for purchase of bio-fuel
                       in bulk for the power plant in Wardha by the Debtor. The Creditor had, therefore, issued a "Letter
                       of intent" dated 15th September 2014 for providing the working capital demand loan facility of

                       Rs. 10.50 crore.


               2.1    A Working Capital Demand Loan Facility Agreement was executed on 29.09.2014. The Financial
               Creditor  had  agreed  to  make  available  to  the  Corporate  Financial  Debtor  a  Working  Capital  Demand

               Loan up to an aggregate amount of Rs. 10.50 crores. The disbursement details, date-wise, are as under:-

                                         Date               Disbursement Amount (Rs.)

                                         30-Sept-14                        9,62,25,000
                                         1-Nov-14                            14,60,000

                                         1-Dec-14                            13,85,000
                                         31-Dec-14                           14,55,000



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