Three appeals arose from the insolvency and liquidation proceedings of Corporate Debtor, IMP Powers Limited. STCI Finance Limited, a financial creditor, claimed a first pari passu charge and elected not to relinquish its security interest under Section 52 of the IBC. The Adjudicating Authority dismissed STCI's application to set aside an e-auction sale notice and independently realize secured assets, and later directed the issuance of a sale certificate for the Corporate Debtor sold as a going concern. STCI challenged these orders, arguing a violation of its statutory rights due to the Liquidator's alleged unilateral relinquishment assumption and non-compliance with procedural requirements. The third appeal challenged an order granting reliefs to the successful auction
…STCI Finance Limited, an NBFC, extended a term loan of Rs. 25 crores to IMP Powers Limited (Corporate Debtor) between November 2017 and August 2018.
Loan security included loan agreements and mortgage deeds executed on 29.11.2017, with a supplementary mortgage on 04.08.2018 creating a first pari passu charge in favor of STCI and SBI.
The Appellant's exposure was approximately Rs. 40 crores, while SBI's outstanding dues were approximately Rs. 4 crores.
A default in repayment obligations occurred from 29.02.2020, leading STCI to issue an Event of Default notice on 09.02.2021 and a Recall Notice on 21.05.2021.
…Sign in to view the parties.
STCI Finance Limited extended a term loan of…
A supplementary mortgage deed was executed,…
Sign in to view related legal provisions.
Three appeals arose from the insolvency and liquidation proceedings of Corporate Debtor, IMP Powers Limited. STCI Finance Limited, a financial creditor, claimed a first pari passu charge and elected not to relinquish its security interest under Section 52 of the IBC. The Adjudicating Authority dismissed STCI's application to set aside an e-auction sale notice and independently realize secured assets, and later directed the issuance of a sale certificate for the Corporate Debtor sold as a going concern. STCI challenged these orders, arguing a violation of its statutory rights due to the Liquidator's alleged unilateral relinquishment assumption and non-compliance with procedural requirements. The third appeal challenged an order granting reliefs to the successful auction
…STCI Finance Limited, an NBFC, extended a term loan of Rs. 25 crores to IMP Powers Limited (Corporate Debtor) between November 2017 and August 2018.
Loan security included loan agreements and mortgage deeds executed on 29.11.2017, with a supplementary mortgage on 04.08.2018 creating a first pari passu charge in favor of STCI and SBI.
The Appellant's exposure was approximately Rs. 40 crores, while SBI's outstanding dues were approximately Rs. 4 crores.
A default in repayment obligations occurred from 29.02.2020, leading STCI to issue an Event of Default notice on 09.02.2021 and a Recall Notice on 21.05.2021.
…STCI Finance Limited extended a term loan of…
A supplementary mortgage deed was executed,…
Sign in to view related legal provisions.