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
| 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


Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.