Page 826 - IBC Orders us 7-CA Mukesh Mohan
P. 826

Order Passed under Sec 7
               By Hon’ble NCLT New Delhi-III Bench

                                     IN THE NATIONAL COMPANY LAW TRIBUNAL
                                                    NEW DELHI BENCH

                                             C.P. (I.B.) No. 189/7/NCLT/ND/2017

                                                   Decided On: 30.08.2017


                                                Applicant: State Bank of India
                                                             Vs
                                      Respondent: Namdhari Food International Pvt. Ltd.



               Judges/Coram:
               Hon'ble Sh .R. Varadharajan,. Member (J)

               Counsels:
               For Appellant/Petitioner/Plaintiff: Rohit Oberoi, Vipin Bhaskar, Ishaan Verma and Pranav Gambhir,
               Advocates


               For Respondents/Defendant: None

                                                          ORDER

               Hon'ble Sh. R. Varadharajan, Member (J)


               1.      This is an application which has been filed by State Bank of India in the capacity as a 'Financial
               Creditor' of the 'Corporate Debtor' namely, Namdhari Food International Pvt. Ltd. the respondent on the
               ground that it has committed a 'default' in the repayment of amounts owed under financial facilities which

               were  granted  to  the  'Corporate  Debtor'  on  different  dates,  the  latest  being  vide  sanction  letter  dated
               7.4.2016. The Applicant avers that the facilities which were extended to the 'Corporate Debtor' by way of

               consortium loan, wherein, both the Applicant Bank as well as the State Bank of Patiala had sanctioned
               overall financial facilities to the tune of Rs. 63.56 crores and the following table shows the exposure of
               each bank in relation to the financial facilities granted to the 'Corporate Debtor' namely:


                              State Bank of India                      Rs.48.56 crores

                              State Bank of Patiala                    Rs.15.00 crores


               2.      It is further averred that out of the sum of Rs. 48.56 crores sanctioned by the Applicant Bank, a
               sum of Rs. 45.00 crores was sanctioned in the form of Cash Credit Limit and the remaining  Rs. 3.56

               crores by way of term loan. In relation to State Bank of Patiala, it is averred that the entire amount of Rs.
               15.00 crores was granted by way of Cash Credit(Hypothecation). Subsequently, from time to time, it is
               averred  that  both  SBI  as  well  as  State  Bank  of  Patiala,  enhanced  or  modified  the  financial  facilities


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