The appeal was filed by the State Bank of India (Financial Creditor) against an order of the Adjudicating Authority (NCLT, Kolkata Bench) which rejected its application under Section 7 of the Insolvency and Bankruptcy Code, 2016, for initiating Corporate Insolvency Resolution Process against Visa Infrastructure Ltd. (Corporate Debtor). The NCLT had rejected the application on the ground that the Corporate Debtor had discharged its obligation under the guarantee, and therefore, no debt was due.
State Bank of India, the Financial Creditor, filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 against Visa Infrastructure Ltd., the Corporate Debtor, for initiating Corporate Insolvency Resolution Process. The Adjudicating Authority (NCLT, Kolkata Bench) rejected this application on January 11, 2019, stating that the Corporate Debtor had discharged its guarantee obligations, and thus, no debt was due. The Financial Creditor appealed this order, arguing that the NCLT erred in equating asset valuation inflation with additional equity infusion and that the additional equity of Rs. 125 Crore should have been in cash or equity.
…The Corporate Debt Restructuring Forum (CDR)…
Board Resolution passed by the Board of…
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The appeal was filed by the State Bank of India (Financial Creditor) against an order of the Adjudicating Authority (NCLT, Kolkata Bench) which rejected its application under Section 7 of the Insolvency and Bankruptcy Code, 2016, for initiating Corporate Insolvency Resolution Process against Visa Infrastructure Ltd. (Corporate Debtor). The NCLT had rejected the application on the ground that the Corporate Debtor had discharged its obligation under the guarantee, and therefore, no debt was due.
State Bank of India, the Financial Creditor, filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 against Visa Infrastructure Ltd., the Corporate Debtor, for initiating Corporate Insolvency Resolution Process. The Adjudicating Authority (NCLT, Kolkata Bench) rejected this application on January 11, 2019, stating that the Corporate Debtor had discharged its guarantee obligations, and thus, no debt was due. The Financial Creditor appealed this order, arguing that the NCLT erred in equating asset valuation inflation with additional equity infusion and that the additional equity of Rs. 125 Crore should have been in cash or equity.
…The Corporate Debt Restructuring Forum (CDR)…
Board Resolution passed by the Board of…
Sign in to view related legal provisions.