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TMI Blog2019 (3) TMI 1947X X X X Extracts X X X X X X X X Extracts X X X X ..... the Insolvency Resolution Professional to act as Interim Resolution Professional and there being no disciplinary proceedings pending against the proposed resolution professional, therefore the Application under sub-section (2) of Section 7 is taken as complete, accordingly this Bench hereby admits this Petition - Petition admitted - moratorium declared. - CP (IB) -3619/I&BP/MB/2018 - - - Dated:- 6-3-2019 - Bhaskara Pantula Mohan, Member (J) And V. Nallasenapathy, Member (T) For the Petitioner: Mr. Nausher Kohli, Advocate For the Respondent: Ragha Shekhar a/w Surabhi Chatterjee, Advocates ORDER Per: V. Nallasenapathy, Member (T) 1. TJSB Sahakari Bank Ltd., (hereinafter called Petitioner ) has sought the Corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 40,000/- -- 78,01,957/- 78,01,957/- Total 13,78,22,995/- 6,57,60,241/- 20,35,83,237/- 3. The Petitioner has enclosed the following security documents connected with the sanction of loan facilities: (a) Supplementary Inter-Se (Pari Passu) Agreement executed between the Lending Institutions dated 05.11.2011. (b) Joint Deed of Hypothecation executed by and between the Petitioner and the Corporate Debtor dated 05.11.2011. (c) Memorandum of Entry executed between the Corporate Debtor and the Petitioner dated 20.06.2012. (d) Supplementary Inter-Se (Pari Passu) Agreement exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich shows that the amount claimed in the Petition is in consonance with the Statement of Accounts. The Petitioner had issued SARFAESI notice on 13.06.2016. 5. The Petitioner states that OA No. 132 of 2017 filed before the Debt Recovery Tribunal, Pune dated 23.03.2017 is pending. 6. The Petitioner enclosed the notices dated 07.07.2015 sent to the Corporate Debtor demanding ₹ 76,99,601/- as outstanding from Working Capital Term Loan, ₹ 6,55,086/- as outstanding from advance against Hypothecation Loan and ₹ 5,96,000/- as outstanding from Funded Interest Term Loan. The Petitioner also enclosed a demand notice dated 13.04.2018 sent to the Corporate Debtor demanding a sum of ₹ 20,35,83,238/-. 7. The Petitioner has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act); (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Corporate Debtor. (II) That the supply of essential goods or services to the Corporate Debtor, if continuing, shall not be terminated or suspended or interrupted during moratorium period. (III) That the provisions of sub-section (1) of Section 14 shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. (IV) That the order of moratorium shall have effect from 06.03.2019 till the completion of the corporate insolvenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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