DELHI HIGH COURT
SANJEEV SACHDEVA
IIFL Finance Limited – Appellant
Versus
Vinay Jain – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--In Arbitration petition 1147/2021, petitioner seeks appointment of Arbitral Tribunal pursuant to a Credit Facility Agreement dated 01.11.2017 and in Arbitration petition 1170/2021, petitioner seeks appointment of Arbitral Tribunal pursuant to the Deed of Guarantee dated 01.11.2017.
2. Both the documents are alleged to have signed by Mr. Vinay Jain, respondent in Arbitration petition 1147/2021 and the director of the respondent in Arbitration petition 1170/2021.
3. As per the there was a loan transaction between AVJ Developers India Private Ltd. which had availed of three term loans of Rs.25 crores on 09.01.2015, Rs.75 crores on 13.01.2015 and Rs.35 crores on 29.04.2016 respectively. In respect of the said term loan of Rs.35 crores, it is alleged that only Rs.23 crores were disbursed. The total amount disbursed as per the petitioner to the said debtor, AVJ Developers India Private Ltd. was Rs.123 crores. The three loans had become irregular in the month of August, 2017.
4. As per the petitioner, as the management of the said borrower wanted to regularize the three loan accounts, petitioners were approached by the Directors of AVJ Developer
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