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2016 Supreme(Bom) 461

ANOOP V.MOHTA, A.A.SAYED
Blue Coast Hotels Limited – Appellant
Versus
IFCI Limited – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rafiq Dada, Senior Advocate with Mr. Umesh Shetty, Mr. Manish Desai, Mrs. Sowjanya Menon, Mr. Shakib Dhorajiwala, Mr. Harsh Magia.
For the Respondent:Mr. Iqbal Chagla, Senior Advocate with Mr. Riyaz Chagla, Mr. Prateek Sakseria, Dr. Bharat Bhushan Parsoon, Mr. Manish Desai, Mrs. Sowjanya Menon, Ms. Nidhi Singh, Mr. Shakib Dhorajiwala, Mr. Harsh Magia, Ms. Chaitrika Patki.

JUDGMENT :

ANOOP V. MOHTA, J.

1. All the Writ Petitions are heard finally by consent. The issues are common and interconnected therefore, by this common Judgment, all Petitions are disposed of based on common facts and circumstances.

2. We have decided these Petitions after dealing with the issues so raised by titling and indexing accordingly based upon the pleadings and oral and written submissions of the learned Senior Counsel/Advocates appearing for the respective parties.

EVENTS:

(A) The Petitioner Borrower-Blue Coast Hotels Limited (BCHL)'s case.

3. On 17 February 2010, Respondent No. 1 IFCI (Secured Creditor), issued a sanction letter to BCHL for loan of Rs. 150 crore viz. (i) Rs. 70 crores to pay off BCHL's erstwhile lenders, (ii) Rs. 80 crores to be invested by the in the equity of the Joint Venture Company i.e. Silver Resort Hotel India Private Limited (“SRHIPL”) that was to undertake the Aerocity project of Delhi, India's First Hotel District. On the same day, IFCI issued a sanction letter for loan of Rs. 85 crore. IFCI agreed to participate in the equity on private placement basis



























































































































































































































































































































































































































































































































































































































































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