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TMI Blog2020 (4) TMI 702X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to Adjudicating Authority) Rules, 2016 (hereinafter referred to as" the Rules") on behalf of Dena Bank, now Bank of Baroda. 2. That the Petitioner/Financial Creditor i.e. Dena Bank now Bank of Baroda is a body corporate and having Identification No. the BSR Code 1:250260, having its registered office at Dena Corporate Centre, C/10-, "G" Block, Bandra Kurla Complex, Bandra (E), Mumbai-400051. Vide order dated 6-9-2019, the Petitioner was allowed to make amendment in the cause title of the petition as Bank of Baroda in view of merger of Dena Bank with Bank of Baroda. 3. The Respondent/Corporate Debtor Aswaraj Infra Private Ltd. is a company incorporated under the Companies Act, 1956 on 27-9-2010 having Identification No. CIN: U45200GJ20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the provisions of the SARFAESI Act dated 24-7-2015 and 22-10-2018 and an amount of Rs,. 17,98,61,001.10/-remaining due. 9. The Petitioner has annexed copies of documents regarding the existence of financial debt; -Board Resolution dated 31-12-2014 of Aswaraj Infra Private Ltd. Annexure-P -Letter dated 31-12-2014. Annexure-Q -Agreement for Working Capital Demand Loan dated 31-12-2014. Annexure-R -Agreement for re-phasement of loan dated 31-12-2014. Annexure-S -Power of Attorneys dated 31-12-2014 in favour of the Financial Creditor. Annexure-T -Fresh Letter of Guarantee given by the Directors of the Corporate Debtor dated 31-12-2014. Annexure-U -Letter of continuity dated 31-12-2014. Annexure-V -Specific Undertaking dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istence of financial debt, whether the default has occurred and whether the petition is complete. 12. From the records submitted alongwith the petition; (a) Petition in Form-1 filed by Shri Dinesh Kumar Patwari, AGM of the Bank and in support of the same, the Petitioner has filed authorization papers. The petition is complete. (b) There is financial debt owed by the Respondent to the Petitioner. (c) Date of NPA is 31-5-2015. (d) The last date of transaction is on 30-6-2016. The petition is filed on 18-3-2019 and is well within time. 13. The Petitioner has proposed the name of Mr. Gaurav Ashok Adukia, Anand Bhavan, Jamnadas Adukia Road, Kandivli West, Mumbai-400067 having Registration No. IBBI/IPA-002/IP-N00457/2017-18/11293 to act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such property is occupied by or in the possession of the Corporate Debtor. (2) The supply of goods and essential services to the Corporate Debtor as maybe specified shall not be, terminated or suspended or interrupted during moratorium period. (3) The provisions of sub-section (1) shall, however, not apply to such transaction as maybe notified by the Central Government in consultation with any financial sector regulator. (4) The order of moratorium shall have effect from the date of receipt of authenticated copy of this order till the completion of the Corporate Insolvency Resolution Process or until this Bench approves the resolution plan under sub-section (1) of section 31 or passes an order for liquidation of Corporate Debtor unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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