Nova Infrastructure Developers Ltd. appealed before the National Company Law Appellate Tribunal against the admission order passed by NCLT Mumbai in the Section 7 application filed by State Bank of India. The corporate debtor contended that the Tribunal failed to consider reconciled account statements showing Rs. 47 crore in unapplied collections from pre-sales that ought to have reduced outstanding principal.
It was further argued that admission was premature because a joint lender forum meeting scheduled for July 2024 could have finalized restructuring, and that denial of personal hearing on disputed invoices rendered the order violative of natural justice.
…The appeal was filed within thirty days of admission order with stay application pending for six weeks during which RP continued limited administrative functions without asset disposal.
Appellant placed reliance on reconciliation spreadsheets prepared by internal CFO showing mismatch between ERP receivables and bank loan statements. SBI rebutted with audit trail of escrow credits applied to term loan per lender consortium agreement dated 2017.
Promoter affidavit alleged coercion in signing acknowledgment of debt during annual review meeting; SBI denied and produced signed acknowledgment with board minutes ratification.
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Nova Infrastructure Developers Ltd. appealed before the National Company Law Appellate Tribunal against the admission order passed by NCLT Mumbai in the Section 7 application filed by State Bank of India. The corporate debtor contended that the Tribunal failed to consider reconciled account statements showing Rs. 47 crore in unapplied collections from pre-sales that ought to have reduced outstanding principal.
It was further argued that admission was premature because a joint lender forum meeting scheduled for July 2024 could have finalized restructuring, and that denial of personal hearing on disputed invoices rendered the order violative of natural justice.
…The appeal was filed within thirty days of admission order with stay application pending for six weeks during which RP continued limited administrative functions without asset disposal.
Appellant placed reliance on reconciliation spreadsheets prepared by internal CFO showing mismatch between ERP receivables and bank loan statements. SBI rebutted with audit trail of escrow credits applied to term loan per lender consortium agreement dated 2017.
Promoter affidavit alleged coercion in signing acknowledgment of debt during annual review meeting; SBI denied and produced signed acknowledgment with board minutes ratification.
…Mumbai Bench admits SBI…
Corporate debtor…
Sign in to view related legal provisions.