9911796707
TMI Blog2022 (4) TMI 999X X X X Extracts X X X X X X X X Extracts X X X X ..... /2020 authorising Mr. Sudhir Kumar Senapati, Advocate to act on behalf of the Financial Creditor has been signed by one Mr. R.L. Chauhan, Deputy General Manager, SAMB. Kolkata. It is not clear as to who is the Authorized Representative for the Financial Creditor. The affidavit filed in support of the CP(IB)/46(KB)2021 is signed by Mr. Dashrath Pandurang Sadaye, whereas the authorization given to the Ld. Counsel is by another person. Hence, this Petition lacks proper authorisation from the Financial Creditor. Since the Application is incomplete, the Resolution Professionals' Report in this matter at this stage, need not be called for. In taking the decision, the fact is also noted that the Interim Moratorium in case of section 95 appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... antor, viz., Mr. Bipin Kumar Vohra, Personal Guarantor for Bengal India Global Infrastructure Limited (CIN: U70101WB2002PLC095018) (hereinafter referred to as BIGIL ). 3. The factual matrix of the case is that the Applicant is a banking company constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. The Principal Borrower BIGIL and the guarantor had approached the applicant seeking grant of various Credit Facilities. On the representations made by the BIGIL , the Applicant extended various Credit facilities on 11/09/2006, which was modified on 23/11/2006. The aforesaid loan facilities were revised, reviewed and enhanced and/or renewed from time to time on 20/05/2011, 19/03/2012 and 01/10/2012 res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant to secure the repayment of the principal amount of the Credit Facilities together with all interest, additional interest, liquidated damages, premium on repayments, reimbursement of all costs, charges and expenses and all other obligations payable by BIGIL in respect of the Facility Agreement. The Applicant through Mr. Sudhir Kumar Senapati, Advocate has issued a Demand Notice in Form B to personal guarantor on 10/12/2020 under Rule 7(1) of the IB Rules, 2019, but no response. Since the liability of personal guarantor and principal borrower (Corporate Debtor) is coextensive, the applicant (Financial Creditor) has filed the instant petition, being CP(IB)/46(KB)2021 u/s. 95(1) of the Code consequent upon the amendment of the Code f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alf of the Financial Creditor has been signed by one Mr. R.L. Chauhan, Deputy General Manager, SAMB. Kolkata. It is not clear as to who is the Authorized Representative for the Financial Creditor. The affidavit filed in support of the CP(IB)/46(KB)2021 is signed by Mr. Dashrath Pandurang Sadaye, whereas the authorization given to the Ld. Counsel is by another person. Hence, this Petition lacks proper authorisation from the Financial Creditor. 11. Further, Part - III, Point - 16 of the petition does not divulge the name of the person, who under the post of Chief Manager, Central Bank of India, Stressed Asset Management Branch acknowledges the exclusive debt. It is also seen that the applicant has not clearly filled in the details required ..... X X X X Extracts X X X X X X X X Extracts X X X X
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