NATIONAL COMPANY LAW TRIBUNAL
Shri. Rajeev Bhardwaj, Shri. Sanjay Puri, JJ
STATE BANK OF INDIA – Appellant
Versus
SHRI MLPURI SIVA RAMAKRISHNA – Respondent
ORDER
1. The instant Application has been filed by State Bank of India (“Applicant/FC) under Section 121 r/w Section 123 of the Insolvency and Bankruptcy Code, 2016 r/w Rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Bankruptcy for Bankruptcy Process for Personal Guarantors to Corporate Debtors) Rules, 2019 to initiate Bankruptcy Proceedings against Mr. Mulpuri Siva Rama Krishna, Personal Guarantor (R1) of M/s.Athena Chhattisgarh Power Limited, Corporate Debtor (R2).
2. It is submitted that the Corporate Debtor is engaged in the business of Engineering, Procurement and Construction etc. The Financial Creditor granted the Corporate Debtor a term loan facility executed vide common term loan agreement dated 30.03.2011 aggregating to Rs.2150,00,00,000 (Rupees Two Thousand One Hundred and Fifty Crore only),. On 25th November, 2011 the Financial Creditor novated its commitment of Rs.100,00,00,000 and the commitment was reduced to Rs.2050,00,00,000 (Rupees Two Thousand and Fifty Crore only) (“Rupee Facility”). The Common Rupee Loan Agreement was later amended by the First Amendment Agreement to the Common Rupee Loan Agreements dated 30.03.2011, 31.03.2015
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