TMI Blog2021 (9) TMI 1242X X X X Extracts X X X X X X X X Extracts X X X X ..... 2020 to the Personal Guarantor in respect of the unpaid debt due from M/s. C C Constructions Limited. (Corporate Debtor) under rule 7(1) of the IBC, 2016. Counsel for the Applicant mentioned that there has been no response from the Respondent side to the demand notice - applicant in Part- III of Form-C has submitted that the Record of Default by Information Utility, M/s. National e-Governance Services Limited, recording of debt committed by the Corporate Debtor M/s. C C Constructions Limited. has also been annexed with the application. The application is complete and is admitted - moratorium declared. List the matter for further proceedings in the case on 22.09.2021. - IB-385/(ND)/2021 - - - Dated:- 19-8-2021 - P.S.N. Prasad, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the bank and in respect of which the Corporate Debtor i.e., M/s. C C Constructions Limited was admitted under Corporate Insolvency Resolution Process by an NCLT, New Delhi order dated 14.02.2019 vide IB No. 1367 (PB)/2018. 4. The Ld. Counsel for the applicant submitted that a Personal Guarantee by Mr. Rajbir Singh, personal guarantor of the Corporate Debtor Company, M/s. C C Constructions Limited, was given in favour of M/s. SBICAP Trustee Company Limited, vide a Deed of Guarantee dated 29.04.2013. The applicant has enclosed a copy of the Deed of Guarantee dated 06.06.2017 wherein the para (9) of the Deed of Guarantee mentions as under: 9. Notwithstanding the CDR Lender's rights under MRA and security which the CDR Lenders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ording of debt committed by the Corporate Debtor M/s. C C Constructions Limited. has also been annexed with the application. 7. It is made known to everyone that on filing this Application by the Applicant/Creditor, the interim-moratorium commences as stipulated under Section 96(1)(a) in relation to all the debts of the personal guarantor and shall cease to have effect on the date of admission of this Application and during the interim-moratorium period, the following are prohibited: a. Any pending legal action or proceeding in respect of any debt of the personal guarantor shall be deemed to have been stayed; and b. The Creditors of the personal guarantor shall not initiate any legal action or proceedings in respect of any deb ..... X X X X Extracts X X X X X X X X Extracts X X X X
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