The petition was filed by Union Bank of India, a financial creditor, under Section 123 of the Insolvency and Bankruptcy Code, 2016, read with Rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Bankruptcy Process for Personal Guarantors to Corporate Debtor) Rules, 2019, seeking to initiate bankruptcy proceedings against Mr. Kapil Wadhawan, a personal guarantor.
Union Bank of India, along with Andhra Bank and Corporation Bank (which later amalgamated into Union Bank), extended various credit facilities to Dewan Housing Finance Corporation Limited (DHFL/Principal Borrower) through several DHFL Facility Agreements, including a Consortium Agreement dated July 24, 2010, and subsequent supplemental agreements. The total credit facilities exceeded Rs. 50,656.84 Crores.
Mr. Kapil Wadhawan, the respondent and personal guarantor, executed a Joint Deed of Guarantee on June 22, 2019, along with another guarantor, in favor of Catalyst Trusteeship Limited, acting as security trustee for the consortium of lenders. This guarantee unconditionally and irrevocably secured the principal borrower's obligations to the banks.
…First Consortium…
Respondent executed a Joint Deed of Guarantee…
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The petition was filed by Union Bank of India, a financial creditor, under Section 123 of the Insolvency and Bankruptcy Code, 2016, read with Rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Bankruptcy Process for Personal Guarantors to Corporate Debtor) Rules, 2019, seeking to initiate bankruptcy proceedings against Mr. Kapil Wadhawan, a personal guarantor.
Union Bank of India, along with Andhra Bank and Corporation Bank (which later amalgamated into Union Bank), extended various credit facilities to Dewan Housing Finance Corporation Limited (DHFL/Principal Borrower) through several DHFL Facility Agreements, including a Consortium Agreement dated July 24, 2010, and subsequent supplemental agreements. The total credit facilities exceeded Rs. 50,656.84 Crores.
Mr. Kapil Wadhawan, the respondent and personal guarantor, executed a Joint Deed of Guarantee on June 22, 2019, along with another guarantor, in favor of Catalyst Trusteeship Limited, acting as security trustee for the consortium of lenders. This guarantee unconditionally and irrevocably secured the principal borrower's obligations to the banks.
…First Consortium…
Respondent executed a Joint Deed of Guarantee…
Sign in to view related legal provisions.