SANJIV KHANNA, S. V. N. BHATTI
DBS Bank Limited Singapore – Appellant
Versus
Ruchi Soya Industries Limited – Respondent
JUDGMENT :
SANJIV KHANNA, J.
The issue that arises for consideration in the present appeals is:
2. Appellant - DBS Bank Limited Singapore had extended financial debt of around USD 50,000,000 (fifty million dollars only) or Rs.243,00,00,000 (rupees two hundred forty three crore only) to M/s. Ruchi Soya Industries Limited2[For short, “Corporate Debtor”], the corporate debtor.
3. The financial debt was secured by: (i) a sole and exclusive first charge over certain immovable and fixed assets of the Corporate Debtor in Kandla, Gujarat; and (ii) sole and exclusive first charge over assets of the Corporate Debtor in Baran, Rajasthan; Guna, Madhya Pradesh; Dalauda, Madhya Pradesh; Gadarwara, Madhya Pradesh; and a commercial office space at Nariman Point, Mumbai.
4. On 15.12.2017, Corporate Insolvency Resolution Process3[For short, “CIRP”] was initiated against the Corporate Debtor under the provisions of the Code. The company petition seeking to initiate
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