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2017 (5) TMI 1634

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....;[hereinafter referred to as "the Rules"] seeking reliefs under  Section 7(5)(a) and Section 13(1)(b) of the Code.   2. Asian Natural Resources (India) Limited is a Public Limited  Company (hereinafter called as "Company"). It was incorporated  on 13.8.1999 under the Companies Act, having its Registered  Office at 102, Sundaram Complex,3, Gurmeet Nagar, Indore,  Madhya Pradesh. The Petitioner filed fresh Certificate of  Incorporation consequent upon change of name. It shows that  M/S. Bhatia International Limited, which was originally  incorporated on 30th August, 1999, has changed its name as  'Asian Natural Resources (India) Limited with effect from  23.8.2012.   3. The Aut....

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.... Company did not choose to repay the amounts.  According to the Petitioner, the outstanding Principal amount  is Rs. 36,66,03,057.44 ps. and interest and liquidated damages,  and expenses to the tune of Rs. totalling  Rs.38,31,06,714.44 ps. Petitioner Financial Creditor issued  Dernand Notice dated 18th February, 2017 calling upon the  Respondent Company to pay the aforesaid amount within a  period of 15 days. The notice was duly served on the  Respondent Company. Respondent Company, being a  Corporate Guarantor, failed and neglected to pay the arnount  due and payable by Bhatia Global Trading Ltd, in its capacity  as 'Principal Borrower'. Petitioner Bank issued a Notice dated &....

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....ed. The claim is based on equitable mortgage and  continuing guarantee and revival letters. Hence, it is within  time.   7. From the material on record, it is clear that there is no  disciplinary proceedings pending against the Interim Resolution  Professional, proposed by the Financial Creditor.   8. This Petition was listed before this Adjudicating Authority  on 12.5.2017. This Adjudicating Authority directed the  Financial Creditor to issue Notice of hearing. Financial  Creditor, in compliance with the directions of this Adjudicating  Authority, issued Notice of date of hearing and filed proof of  despatch. On 17.5.2017, i.e., on the date of hearing, none  remained present on ....

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....ecree or order in any court of law, tribunal,  arbitration panel or other authority;   (b)  transferring, encumbering, alienating or disposing of  by the corporate debtor any of its assets or any legal right or  beneficial interest therein;   (c)  any action to foreclose, recover or enforce any security  interest created by the corporate debtor in respect of its property  including any action under the Securitisation and Reconstruction  of Financial Assets and Enforcement of Security Interest Act,  2002 (54 of 2002); (d)  the recovery of any property by an owner or lessor  where such property is occupied by or in the possession of the  corporate debtor.   (i)....