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2022 (3) TMI 1225

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....Dr. Alok Srivastava] Member (Technical) And [Shreesha Merla] Member (Technical) For the Appellant : Mr. Karan Gandhi, Advocate For the Respondents : Mr. Ankur Sood, Ms. Romila Mandal, Mr. Arnab Chatterjee, Advocates for R1. ORDER (Through Virtual Mode) I.A No.731 of 2022- By this Application, the Applicant has prayed for condonation of 14 days delay in filing the Appeal. The reasons given in ....

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....at no further guarantee was taken after the agreement dated 10.10.2016, hence, the Appellant guarantee shall not continue to the subsequent facility and the Application under Section 7 filed on the basis of the subsequent facility dated 14.12.2017 could not have been admitted. 5. We have considered the submissions of the Learned Counsel for the Appellant and perused the record. 6. In para 8 of t....

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.... on record, heading of which indicate that it is renewal for extension of the earlier facility agreement. Subject of the facility agreement is to the following effect:- "RENEWAL TO THE RENEWED, AMENDED AND RESTATED FACILITY AGREEMENT DATED 10 OCTOBER 2016 BETWEEN LH ASIAN TRADE FINANCE FUND LTD AS THE LENDER AND EVEREST METALS FZE AS THE BORROWER" 8. The guarantee which was executed by the Appe....

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....mendment (however fundamental), increase in waiver, release or replacement of any Facility Document or any other agreement, document or security. xxx xxx xxx (i) Any variation, renewal, increase, extension, compromise, discharge, dealing with exchange or renewal of any right or remedy which the Lender may have now or after the date of this Guarantee against the Borrower or any other person," ....