TMI Blog2019 (12) TMI 1398X X X X Extracts X X X X X X X X Extracts X X X X ..... iled by the Financial Creditor, it is observed by this Hon'ble Tribunal that the financial statements are true and correct and it appears that futile attempt is sought to be made at the behest of the Corporate Debtor that he had not filed the financial statement for the year 2015-2016 and 2016-2017. Hence, the Corporate Debtor is liable to pay the amount of ₹ 21,262,499/-. Also, it is further observed that the Corporate Debtor and guarantors signed and executed a Balance Confirmation letter confirming a sum of ₹ 2,45,71,976/- was due and payable by the Corporate Debtor to the Financial Creditor as on 31.01.2015. The Corporate Debtor has not replied in its reply for the allegation made by the Financial Creditor regarding e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Corporate Insolvency Resolution Process of M/s. Swastik Aqua limited (hereinafter called the 'Respondent') on the ground that the Respondent committed default in repayment of restructured acquired loan amount of ₹ 5,22,85,492.94/- under section 7 of Insolvency and Bankruptcy Code, 2016 read with Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. 3. As per averments made in the petition, the Applicant is an Asset Reconstruction Company registered with Reserve Bank of India under Section 3 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, who has acquired the Financial Assets due and payable by the Respondent to the Axis Bank Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfirming therein that a sum of ₹ 2,45,71,976/-was due and payable by them to the Applicant Financial Creditor as on 31.01.2015 under the Agreement. The Corporate Debtor acknowledged it's liability of ₹ 21,262,499/- vide duly Audited Balance Sheet as on 31.03.2016. 8. The Financial Creditor issued Notice of Demand and Recall of Outstanding dues dated 29.04.2016 to make payment of ₹ 2,85,12,016.72/- as on 31.03.2016 together with further interest @24% p.a. from 01.04.2016 till the date of payment. 9. The Financial Creditor on 01.08.2017 issued notice under section 13(2) of the SARFAESI Act, 2002 to the borrower, guarantors and mortgagors calling upon to repay the outstanding amount. An O.A. No. 475 of 2018 was file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Act, 1993 and in the teeth of the Hon'ble Supreme Court's judgment in Civil Appeal No. 4952 of 2019 in the matter of Gaurav Hargovindbhai Dave Vs. Asset Reconstruction Company (India) Limited and Anr. 11. Oral arguments were also heard on 16.10.2019 by this Hon'ble Tribunal and the prayer made in this petition deserves to be admitted. 12. As per the averments mentioned by the Financial Creditor in its application, the Balance Sheet dated 31.03.2016 of Corporate Debtor reflects the liability of ₹ 21,262,499/-against the secured loan in the name of IARC restructuring loan as annexed in Annexure-X. Further, the Corporate Debtor in its reply stated that he has filed the last Balance Sheet for the financial year 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... solution Professional to act as Interim Resolution Professional and there being no disciplinary proceedings pending against the proposed resolution professional, therefore, the Application Section 7 is taken as complete and within the limitation. We therefore, admit this petition. 15. The financial creditor has proposed the name of Ms. Pooja Bahry as the IRP. Her details are as registration No. IBBI/IPA-003/IP-N00007/2016-2017/10063. The consent of the Ms. Pooja Bahry is on record along with the copy of her certificate. We accordingly confirm her appointment as the IRP. She shall take such other and further steps as are required under the statute, more specifically in terms of Section 15, 17 and 18 of the Code and file his report. 16. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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