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2013 (9) TMI 1209

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.... and Mr. Devmani Bansal, Advocates for ICICI Bank.Mr. Jayant K. Mehta and Mr. Ashish Prasad, Advocates for the Intervener Mr. Shiv Sapra and Mr. Mayank Grover, Advocates for Applicant (CA No. 1272of 2013) Mr. Sumit Bansal, Advocate for ICICI Bank ORDER 10-09-2013 1. A further affidavit dated 10th September 2013 of Lt. Col. H.S. Bedi, Chairman and Managing Director (CandMD) of Tulip Telecom Ltd. (?TTL?) has been tendered in Court today. 2. Lt. Col. H.S. Bedi is prepared to give an undertaking on oath in terms of his affidavits dated 9th and 10th September 2013. The statement of Lt. Col. Bedi has been recorded on oath. It is placed below and will be treated as forming part of this order. In terms of the undertaking given by Lt. Col. H.S. ....

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....d 25th April 2013. The Court, in this context, binds TTL to the undertaking given by it today that it shall not seek any extension of time for making payment and further that in the event it commits a default, the order dated 25th April 2013 shall revive forthwith without any demur, protest or objection by TTL. 5. List on 1st October 2013 at 4:00 pm., on which date Lt. Col. Bedi is directed to remain present in Court. The petition is part-heard. CA No. 1013 of 2013 6. In view of the above order in the main company petition, this application is dismissed. CA Nos.1015, 1016 of 2013 and 1019 of 2013 7. These are applications by the employees of TTL seeking review and stay of the order dated 25th April 2013 and impleadment in the main comp....

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....31st May 2013 passed by the Court. Paragraphs 4, 5 and 6 of the said affidavit read as under: 4. I say that the aforesaid Minutes were then placed before the CDR- Empowered Group in its 226th Meeting held on 14th June 2013. The CDR-EG approved the Minutes of the Meeting and directed the company to make payments in accordance with the order of the Hon?ble Court. 5. I say that thereafter a Joint Lenders Meeting (JLM) was convened on 27th June 2013, wherein it was informed about the recommendations of the Monitoring Committee in its Meeting dated 7th June 2013 and the decision of CDR-EG in its Meeting held on 14th June 2013. The relevant extract of the Minutes of Joint Lenders Meeting (JLM) in respect thereof are as under: The JLM was i....

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....ed in line with other lenders only. MC member further mentioned that after being informed about the settlement with ANZ, CDR lenders duly advised TTL to approach ANZ with request for restructuring its dues in line with CDR lenders and had never, at any material point of time, created any hindrance whatsoever to TTL from complying with the orders of the Hon?ble High Court of Delhi. MC further noted with concern that TTL, in its application dated 30th May 2013 to the Hon?ble High Court of Delhi, had incorrectly stated that its entire turnover is being routed to the TRA and all deposit of its money is done in the TRA, which is controlled by CDR lenders. The MC deliberated and categorically stated that the above statements mentioned by TTL in i....

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....eby rejected. The application is dismissed. CA No.1272 of 2013 19. This is an application filed by ATandT Global Network Services India Pvt. Ltd. In view of the order passed today, this application is dismissed reserving the liberty of the Applicant to revive the prayer in this application, in the event there is any default by TTL in honouring the undertaking given by it in Court today. CA No. 1474 of 2013 20. For the reasons stated therein, the delay in filing the affidavit in terms of the order dated 8th August 2013 is condoned. The application is disposed of. 21. A copy of this order be given dasti under the signature of Court Master. S. MURALIDHAR, J. SEPTEMBER 10, 2013/tp Co. Pet. No. 395 of 2012 Statement of Lt. Col. H.S. Bed....