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TMI Blog2021 (4) TMI 582X X X X Extracts X X X X X X X X Extracts X X X X ..... p (M), Assam. 2. The Petitioner Financial Creditor (FC), namely Indian Bank,(Erstwhile Allahabad Bank) was incorporated on 24.04.1865 with identification number AACCA8464F; registered address at Corporate Office at 254-260, Abbai Shanmugham Salai, Royattah, Chennai-600014". Branch Office at S.R.C.B Road, Guwahati, 781001, District- Kamrup (M), Assam. 3. The Respondent Corporate Debtor (CD) Company, namely Cleanopolis Energy Systems India Pvt. Ltd. was incorporated on 05.10.2009 with CIN: U40104AS2009PTC009278; GST No: 18AADCC8147N1Z5 and PAN No: AADCC8147N. 4. The authorized share capital of the Respondent (CD) Company is Rs. 4,60,00,000.00 (Rupees Four Crores and Sixty Lacs only) divided into 46,00,000 (Forty Six Lacs) Equity Shares of Rs. 10/- (Rupees Ten Only) each. The issued, subscribed and paid up share capital of the Company is Rs. 3,86,69,600.00 (Rupees Three Crore Eighty Six lacs Sixty Nine Thousand and six hundred) comprising of 38,66,960 nos. of Equity Shares of Rs. 10/- (Rupees Ten only) each. The Registered Office of the Corporate Debtor Company is situated at: 51/343, Borpokhiajhar, Halleshwar, P.O: Depota, Sonitpur, Assam, India, PIN: 784001. The copy of Memorandu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Sale Deed No. 286 dated 30.03.2011, (measuring 4 Bighas 4 Kathas 7 Lechas, covered by Dag No. 354, K.P. Patta No. 153), at Village- Borpokiajhar, Mauza- Haleswar, District- Sonitpur, Assam, bounded by North: Land of M/S Cleanopolis Energy Systems India Pvt. Ltd., South: Land of Sri Gadadhar Koch, East: Drain and West: land of Netra Hazarika. ii. All the part and parcel of the land in the name of M/S. Cleanopolis Energy Systems India Private Limited acquired vide Sale Deed No. 913 dated 03.06.2010, (measuring 03 Bighas 3 Katha 6 Lechas, covered by Dag no. 341, Patta No. 107 (O)/51 (N) and measuring 4 Bighas 1 Katha 2 Lechas covered by Dag No. 343, Periodic Patta No. 77 old/29 New) at Village-Borpokiajhar, Mauza- Haleswar, Dist- Sonitpur, Assam, bounded by North: Land of Sri Bhola Saikia, South: Land of Sri Gopal Baruah, Sri Dul Baruah and Sri Indra Saikia, East: PWD Road, West: Drain. iii. All the part and parcel of the flat in the name of S/o. Late Abdul Majit, S/O Late Abdul Majid, acquired vide Sale Deed No. 8570 dated 11.08.2006, (measuring 1250 sq ft on 2nd Floor, Unit No. "C" in the building Nilanchal Housing Complex, Star Enclave, standing over a plot measuring 0 Bigha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13 123 11. Annexure-11 Limit Pronote dated 19.04.2014 124 12. Annexure-12 Limit Pronote dated 19.04.2014 125 13. Annexure-13 Undertaking dated 19.04.2014 126 14. Annexure-14 Limit Pronote dated 21.05.2014 127 15. Annexure-15 Limit Pronote dated 14.07.2014 128 16. Annexure-16 Limit Pronote dated 27.01.2015 129 17. Annexure-17 Limit Pronote dated 27.01.2015 130 18. Annexure-18 General Letter of Hypothecation 21.04.2014 131-139 19. Annexure-19 Guarantee Letter dated 25.03.2013 140-143 20. Annexure-20 Guarantee Letter dated 19.04.2014 144-148 21. Annexure-21 Supplement Letter of Mortgage confirming deposit of Title Deed dated 19.04.2014 149-151 22. Annexure-22 Supplement Letter of Mortgage confirming deposit of title Deed dated 19.04.2014 152-154 23. &nbs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Annexure-46 Possession Notice u/s. 13(2) dated 21.08.2018 240-241 47. Annexure-47 Possession Notice u/s. 13(4) dated 21.08.2018 242-243 48. Annexure-48 Statement of A/C in TL No. 50149791057 244-258 49. Annexure-49 Statement of A/C in TL No. 50201046842 259-271 50. Annexure-50 Statement of A/C in TL No. 50261528496 272-277 51. Annexure-51 Statement of A/C in TL No. 50201081399 278-289 52. Annexure-52 Certificate of banker's book of evidence Act dated 18.12.2020 290 53. Annexure-54 Copy of the letter dated 12.10.2020 291 54. Annexure-55 Copy of the company Master Data of the Corporate Debtor 292 55. Annexure-56 Copy of Registration of Charges 293 56. Annexure-57 Copy of the letter dated 16.12.2019 for initiation of action under the Insolvency and Bankruptcy Code, 2016 against the Corporate Debtor 294-295 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Financial creditor had sanctioned a total limit of Rs. 7,43,15,000.00 (Rupees Seven Crore Forty Three Lakhs and Fifteen Thousand only.) to the CD. The FC has claimed an amount of Rs. 11,88,32,383.00 (Rupees Eleven Crores Eighty Eight Lakhs Thirty Two Thousand Tree Hundred and Eighty Three only) which includes interest of Rs. 4,45,17,338.00 up to 01.01.2020. 1.7 The Respondent Company has violated the terms and conditions of the sanction letters and as such also made the accounts irregular, consequence thereof the said accounts were classified as Non Performing Asset w.e.f. 30.03.2018. 1.8 The Financial Creditor has issued Demand Notice dated 06.01.2020 in respect of unpaid debts, due from the CD i.e. M/s. Cleanopolis Energy Systems India Private Limited under the Insolvency and Bankruptcy Code, 2016. 1.9 The present I.B Petition is filed by the duly authorized official of the Applicant Bank in a prescribed format under section 7 of the I.B Code annexing copies of loan documents confirming the existence of debt due, payable and defaulted and proposed a name of Resolution Professional to act as an Interim Resolution Professional (IRP). ORDER 2. Considering the material p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral Government in consultation with any financial sector regulator or any other authority; b) a surety in a contract of guarantee to a corporate debtor. IV. The order of moratorium shall have effect from the date of this order till the completion of the corporate insolvency resolution process. 5. This Adjudicating Authority hereby appoints as proposed, Mr. Amit Pareek, having Insolvency Professional Registration No. - IBBI/IPA-002/IP-N00413/2017-18/11205, Email ID: [email protected], Address; 4th Floor, K.C. Choudhary Road, Ram Prasad Complex, Chatribari, Guwahati-)1, Kamrup (M), Assam, as an Interim - Resolution Professional (IRP). The IRP is further directed to make public announcement of moratorium in respect of Corporate Debtor soon after receipt of an authenticated copy of this order and to act further as per the order/direction issued by this Adjudicating Authority and to follow the provisions under section 13 and 14 and other relevant provisions of the Insolvency and Bankruptcy Code. The IRP is advised to file declaration disclosure statement within two days from today before the Registry. 6. The Special Officer Mr. Jay Prakash Gupta appointed by this Bench for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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