NATIONAL COMPANY LAW TRIBUNAL
Mr. K. Biswal, Member (Judicial), Mr. Manoj Kumar Dubey, Member (Technical)
Vistra ITCL (India) Limited – Appellant
Versus
Excel Dwellings India Private Limited – Respondent
ORDER
Per: Manoj Kumar Dubey, Member (Technical)
1. The present petition is filed on 29.06.2021, by Vistra ITCL (India) Limited(hereinafter referred as ‘Financial Creditor/Petitioner’), under section 7of the Insolvency and Bankruptcy Code, 2016 (for brevity ‘IBC’/Code), r/w. Rule 4 of the I&B (Application to Adjudicating Authority) Rules 2016, inter alia, seeking to initiate Corporate Insolvency Resolution Process in respect of M/s Excel Dwellings India Private Limited(hereinafter referred as ‘Corporate Debtor/Respondent’) for a total outstanding default amount of Rs. 87,97,46,671/- (Rupees Eighty-Seven crores Ninety-Seven Lakhs Forty-Six Thousand Six Hundred and Seventy-One Only) as on 31.05.2021, as per Part IV of Form No. 1. The Date of default has been mentioned as 16.04.2021. The working as been given as under:
| Principal overdue | 31,75,00,000 | |
| Add: | Interest over-due/Redemption Premium Payable | 35,52,59,045 |
| Add: | PM Fee overdue (Including GST) | 6,60,11,516 |
| Dues excluding default interest | 73,87,70,561 | |
| Add: | Default interest | 14,09,76,110 |
| Total dues | 87,97,46,671 |
2. The facts of the case are discussed below:
a. It is submitted that the corporate debtor viz M/s Excel Dwellings India Private Limited and M/
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.