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2025 Supreme(Online)(NCLT) 1577

NATIONAL COMPANY LAW TRIBUNAL
Shri Rajeev Bhardwaj, J, Shri Sanjay Puri, T
M/s. Edelweiss Asset Reconstruction Company Limited – Appellant
Versus
M/s. Viceroy Bangalore Hotels Pvt. Ltd. – Respondent


Advocates:
For the Applicant : Mr. G.Bhupesh
For the Respondents: Mr.Raja Shekar Rao Salvaji, Ms.KVS Madhumita

Table of Content
1. validity of bank guarantees invoked even with corporate debtor in cirp. (Para 10 , 11 , 12)
2. final determination of the application based on the presented arguments. (Para 13 , 14 , 15)

ORDER

I. The present application has been filed by M/s. Edelweiss Asset Reconstruction Company Limited (Applicant/Financial Creditor/FC) under Section 60 (5) of the Insolvency & Bankruptcy Code, 2016 (“IBC”, 2016) seeking the following reliefs.

a. Direct the Respondents not to encash Bank Guarantees/Bonds submitted while obtaining License Nos. 930011086, 930011170 and 930011229;

b. Direct the Respondent Department not to cause any inconvenience or interference with the revival process of the Corporate Debtor;

c. Direct Respondent No. 3 not to release any amounts to Respondent No. 1 & Respondent No. 2; and

d. Direct Respondent No. 3 to release the margin money and other amounts to the Applicant herein to deal with them in accordance with the Resolution Plan.

II. Application

1. M/s.Viceroy Bangalore Hotels Private Limited (CD) was admitted into CIRP vide order dated 05.08.2022, on a petition under Section 7 of IBC filed by the FC, in C.P.(IB) No. 88/7/HDB/2022. Mr.Kuresh Khambati has bee

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