2021 (9) TMI 753

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....2016 for directions against the Financial Creditor and its Authorized Signatory SH Aditya Kumar Behera. 2. It is submitted by the petitioner that this Hon'ble Tribunal vide order dated 7.4.2021 passed in CP (IB)/7/2021 admitted the Application filed by the Financial Creditor under Section 7 of the IBC, 2016 , commenced CIRP Process of the Corporate Debtor and appointed Mr. Amit Pareek as the IRP. Certified true copy of order dated 7.4.2021 passed by this Hon'ble Tribunal in CP (IB)/7/2021 is annexed herewith and marked as ANNEXURE A1. 3. It is submitted that the instant application is filed on behalf of Sh. Prokash Datta, suspended Managing Director of the Corporate Debtor because the Financial Creditor which is a public sector Bank h....

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....f Rs. 7,43,15,000.00 c) Annexure-17 130 Limit Pronote dated 27.01.2015 for an amount of Rs. 68,15,000.00 d) Annexure-39 227 Acknowledgement of debt of Rs. 7,03,43,860.00 dated 27.01.2015 e) Annexure-40 228 Acknowledgement of debt of Rs. 8,79,61,172.00 dated 28.06.2017 f) Annexure-41 229 Acknowledgement of debt of Rs. 963.54 Lacs dated 19.07.2019 6. It is stated that in respect of the aforementioned Term Loan-III, the Financial Creditor has filed and relied upon Term Loan III Agreement dated 27.01.2015 (Term Loan III Agreement). It is submitted that the Term Loan III Agreement filed by the Financial Creditor is a fabricated and false document. The signature of Applicant on the said Agreement....

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....6], [Annexure 17], [Annexure 39], [Annexure 40] and [Annexure 41] in CP (IB)/7/2021 filed before this Hon'ble Tribunal and pass an order for sending the same for forensic examination by handwriting/signature expert; (e) Pass any such further order or orders and/ or direction or directions as this Hon'ble Tribunal may deem fit and necessary under the circumstances of the case. ORDER 8. Heard the Counsel appearing for the Petitioner. The Petitioner has submitted that this Tribunal, vide order dated 7.4.2021 passed in CP (IB)/7/2021, admitted the Application filed by the Financial Creditor in respect of this CD i.e. M/s Cleanopolis Energy System India Pvt. Ltd. under Section 7 of the IBC, 2016, commenced CIRP Process of the Corp....

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....ication filed by the FC was admitted and IRP appointed. The Special Officer, thereafter, has handed over all the documents of the CD to the IRP. 11. The CD had also filed another IA No. 22 of 2021 in CP (IB) No. 07 of 2021 stating that the application filed by the FC under Section 7 of IBC was not maintainable. The said IA was disposed of as infructuous by this Bench. 12. Now this IA is filed for the disputed loan amount of Term III only and the Petitioner has not disputed about the limit of Cash Credit and other two terms loans sanctioned by the F.C and availed by it amounting to Rs. 6,75,00,000.00 (Rupees Six Crores Seventy Five Lakhs only) excluding the Term Loan No. III. 13. Heard the Counsel at length ,We are of the considered....