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2020 Supreme(SC) 62

ROHINTON FALI NARIMAN, ANIRUDDHA BOSE, V.RAMASUBRAMANIAN
MAHARASTHRA SEAMLESS LIMITED – Appellant
Versus
PADMANABHAN VENKATESH – Respondent


Advocates Appeared:
For the Appellant(s) :Avni Sharma, Raghav Sabharwal, Divyam Agarwal, M/s. Khaitan & Co., Advocates
For the Respondent(s):Aditya Verma, G. Ramakrishna Prasad, Suyodhan Byrapaneni, Filza Moonis, Mohd. Wasay Khan, Bharat J. Joshi, John Mathew, Soumik Ghosal, Sinha Shrey Nikhilesh, Swastik Verma, Arjun Singh Bhati, Advocates

JUDGMENT

ANIRUDDHA BOSE, J.

These proceedings arise out of Corporate Insolvency Resolution Process (CIRP) involving United Seamless Tubulaar Private Limited, the corporate debtor. The successful Resolution Applicant, Maharashtra Seamless Ltd. (MSL) is the appellant in C.A. No. 4242 of 2019. The total debt of the corporate debtor was Rs. 1897 crores, out of which Rs.1652 crores comprised of term loans from two entities of Deutsche Bank. These are DB International (Asia) Limited and Deutsche Bank AG, Singapore Branch. There was also debt on account of working capital borrowing of Rs. 245 crores from another bank, being Indian Bank. Said Indian Bank is the initiator of the CIRP, who filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (the Code). DB International (Asia Ltd.) is the appellant in C.A. No.4967-68 of 2019. A concern by the name of UMW had provided corporate guarantee to Deutsche Bank, Singapore as collateral to the said term loan. The Adjudicating Authority, the National Company Law Tribunal, Hyderabad Bench (NCLT) by an order passed on 21st January, 2019 approved the resolution plan submitted by MSL in an application filed by the Resolution Prof


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