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2017 Supreme(Bom) 193

R.D.DHANUKA
IDFC Bank Limited – Appellant
Versus
Ruchi Soya Industries Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ravi Kadam, Senior Counsel with Mr. Pratik Sakseria, Mr. Akash Menon, Ms. Salonee Kulkarni and Ms. Suchita Jaiswal i/b Mr. Ameya Gokhale.
For the Respondent: Mr. Mustafa Doctor, Senior Counsel with Mr. Naushad Engineer, Mr. Hasmit Trivedi and Mr. Lalan Gupta i/b Dhruve Liladhar & Co.
Mr. Sharan Jagtiani with Mr. Chandavale, Ms. Ayodhya Patki and Mr. Nilesh Bhutekar for the Applicant in Company Application No.470 of 2016 / Intervenor.

JUDGMENT :

1. By this Company Petition (570 of 2016), the petitioner prays that the respondent be would up by and under the directions, supervision and control of this Court under the provisions of the Companies Act, 1956 and seeks appointment of the Official Liquidator. The Company Application No.455 of 2016 is filed by the petitioner inter-alia praying for various interim reliefs against the respondent. The Company Application No.470 of 2016 is filed by the IDBI Bank Limited seeking its impleadment as a party respondent in Company Petition No.570 of 2016 and in the Company Application No.455 of 2016.

2. On 25th January, 2016, the petitioner sanctioned various facilities / financial assistance in favour of the respondent not exceeding an aggregate amount of Rs.200.00 crores. On 28th January, 2016, the petitioner and the respondent executed Master Facility Agreement. It was provided in the said agreement that the petitioner had sanctioned secured over all limits of Rs.200.00 crores consisting of Fund based limits of Rs.25.00 crores and Non-fund based limits of Rs.200.00 crores. On 28th January, 2016, the respondent executed an Unattested Deed of Hypothecation in favour of the petitio



























































































































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