2025 (1) TMI 1749

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....ajan, Adv., Mr. Savar Mahajan, Adv., Mr. Saurabh Bachhawat, Adv., Mr. Srivatsav Reddy, Adv., Mr. Avinash B. Amarnath, AOR, Mr. Neeraj Kishan Kaul, Sr. Adv., Mr. Krishnendu Datta, Sr. Adv., Mr. Shankh Sengupta, Adv., Mr. Siddharth Ranade, Adv., Mr. Prakshal Jain, Adv., Mr. Arnav Doshi, Adv., M/s Trilegal Advocates On Record, AOR. ORDER 1. Heard learned counsel for the parties. 2. This appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (for short IBC) impugns judgment and order of National Company Law Appellate Tribunal (for short NCLAT) dated 03.09.2025, whereby the appeal preferred by the first respondent, under Section 61 of IBC, was allowed and the direction of the Adjudicating Authority / National Company Law Tr....

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....me at Rs. 68,02,09,865.13 (Rupees Sixty-Eight Crores Two Lakhs Nine Thousand Eight Hundred Sixty-Five and Thirteen paise), being Rs. 25,00,00,000 (Rupees Twenty-Five Crores) towards the principal dues and Rs. 43,02,09,865.13 (Rupees Forty-Three Crores Two Lakhs Nine Thousand Eight Hundred Sixty-Five and Thirteen paise) towards interest payable from 21.10.2017 up to 26.04.2023. 6. The argument on behalf of the appellant is that since Clause 33 caps the liability at Rs. 25,00,00,000/- (Rupees Twenty-Five Crores), the interest component over and above that amount would have to be deleted. 7. The Adjudicating Authority/ NCLT, Mumbai accepted the aforesaid submission and capped the liability at Rs. 25,00,00,000/- (Rupees Twenty-Five Crores....

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....oneys referred to Clause 2 above, or in the event of any default on the part of the Borrower to comply with or perform any of the terms, conditions and covenants contained in the Facility Documents, the Guarantors shall, upon demand to the Guarantors, forthwith pay to the Bank without demur all/ part of the amounts as demanded by the Bank payable by the Borrower under the Facility Documents. Any such demand made by the Bank on the Guarantors shall be final, conclusive and binding notwithstanding any difference or any dispute between the Bank and the Borrower / arbitration or any other legal proceedings, pending before any court, tribunal, arbitrator or any other authority. The enforcement of this Guarantee in part by the Bank, for any reaso....