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2024 Supreme(Online)(NCLT) 944

NATIONAL COMPANY LAW TRIBUNAL
SH. ASHOK KUMAR BHARDWAJ, SH. SUBRATA KUMAR DASH, JJ
INDIABULLS HOUSING FINANCE LIMITED – Appellant
Versus
DR SUBHASH CHANDRA – Respondent


Advocates:
For the Petitioner:Ravi Tyagi

ORDER

As can be derived from the petition, the Creditor i.e. India Bulls Housing Finance Limited viz. a housing finance company regulated by the RBI, primarily, engaged in, “the lending business” entered into four loan agreements with Vivek Infracon Private Limited and other entities seeking financial facilities for an amount of Rs.726 crores. The financial facility was secured by Personal Guarantees as well as securities. The details of the financial facilities, as mentioned in the written synopsis, furnished by the Creditor with the application filed under Section 95 of IBC, 2016, reads thus:-

2. One of the Agreements entered into between the Creditor and the Principal Borrower is dated 13.12.2016, in terms of which the Creditor extended the financial facilities of an amount of Rs. 170,00,00,000/- (Rupees One Hundred and Seventy Crores Only) through Loan Account No. S000239650. In terms of the Loan Documents the Principal Borrowers was to furnish/maintain a minimum Security/Cover-Securities. As the Principal Borrower.

3. As can be gathered from the IA-2892/2022 filed by the RP, in pursuance of the Loan Agreement(s), Applicant/Financial Creditor disbursed Rs. 170,00,00,000/- (

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