The Stressed Assets Stabilization Fund (SASF), a financial creditor, initiated Corporate Insolvency Resolution Proceedings (CIRP) under Section 7 of the IBC against Respondent No.2 (the Corporate Debtor) due to a default on loans amounting to over Rs. 154 crores. Respondent No.2 resisted, citing a pending Scheme of Arrangement (SOA) under the Companies Act, 1956, before the Punjab and Haryana High Court. The Adjudicating Authority (Company Law Tribunal) initiated CIRP and appointed an Interim Resolution Professional (IRP). However, the Company Law Appellate Tribunal (NCLAT) stayed the CIRP application, keeping it in abeyance until the High Court proceedings were resolved. The appellant, Omkara Assets Reconstruction Private Limited (successor to SASF), challenged this
…The Stressed Assets Stabilization Fund (SASF) initiated Corporate Insolvency Resolution Proceedings (CIRP) against Respondent No.2 for recovery of Rs.154,33,12,274/- (principal Rs.10,60,00,000/-) disbursed via two term loans on 05.04.1999 and 12.12.2000, with default commencing from 01.01.2003.
Respondent No.2 resisted the claim citing pending proceedings with respect to a Scheme of Arrangement (SOA) under Sections 391-394 of the Companies Act, 1956, before the Punjab and Haryana High Court and alleged suppression of this fact.
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Principal amount of Rs.10,60,00,000/- disbursed…
Principal amount of Rs.10,60,00,000/- disbursed…
The Stressed Assets Stabilization Fund (SASF), a financial creditor, initiated Corporate Insolvency Resolution Proceedings (CIRP) under Section 7 of the IBC against Respondent No.2 (the Corporate Debtor) due to a default on loans amounting to over Rs. 154 crores. Respondent No.2 resisted, citing a pending Scheme of Arrangement (SOA) under the Companies Act, 1956, before the Punjab and Haryana High Court. The Adjudicating Authority (Company Law Tribunal) initiated CIRP and appointed an Interim Resolution Professional (IRP). However, the Company Law Appellate Tribunal (NCLAT) stayed the CIRP application, keeping it in abeyance until the High Court proceedings were resolved. The appellant, Omkara Assets Reconstruction Private Limited (successor to SASF), challenged this
…The Stressed Assets Stabilization Fund (SASF) initiated Corporate Insolvency Resolution Proceedings (CIRP) against Respondent No.2 for recovery of Rs.154,33,12,274/- (principal Rs.10,60,00,000/-) disbursed via two term loans on 05.04.1999 and 12.12.2000, with default commencing from 01.01.2003.
Respondent No.2 resisted the claim citing pending proceedings with respect to a Scheme of Arrangement (SOA) under Sections 391-394 of the Companies Act, 1956, before the Punjab and Haryana High Court and alleged suppression of this fact.
…Principal amount of Rs.10,60,00,000/- disbursed…
Principal amount of Rs.10,60,00,000/- disbursed…