S.No.1 IN THE NATIONAL COMPANY LAW TRIBUNAL HYDERABAD BENCH – 1 VC AND PHYSCIAL (HYBRID) MODE ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON
05-12-2023 AT 10.30 AM IA (IBC) 1275/2023 in CP(IB) No.275/7/HDB/2018 u/s. 7 of IBC, 2016 IN THE MATTER OF:
India Opportunities PTE Ltd …Financial Creditor VS Sai Wardha Power Generation Pvt Ltd …Corporate Debtor C O R A M:-
DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HON’BLE MEMBER (JUDICIAL)
SH. CHARAN SINGH, HON’BLE MEMBER (TECHNICAL)
O R D E R
IA(IBC) 1275/2023 Orders pronounced. In the result, this application is allowed. No Costs.
Sd/- Sd/-
MEMBER (T) MEMBER (J)
Swapna IN THE NATIONAL COMPANY LAW TRIBUNAL IA.NO. 1275 OF 2023 IN CP (IB) No. 275/7/HDB/2018 Under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the NCLT Rules, 2016.
IN THE MATTER OF M/s. Sai Wardha Power Generation Private Limited, 8-2-293/82/A/90, Road No.9, Jubilee Hills, Behind TV 5 Office, Hyderabad – 500 033.
…Applicant VERSUS
1. Punjab & Sind Bank, Branch – Samvert (D0744), 4th Floor, Bank House, 21, Rajendra Place, New Delhi – 110 008.
Email-Id: ho.samvertical@psb.co.in
2. Registrar of Companies, 2nd Floor, Corporate Bhavan, GSI Post, Nagole, Bandlaguda, Hyderabad – 500 068, Telangana.
…Respondents Date of Order: 05.12.2023 CORAM:-
Dr. Venkata Ramakrishna Badarinath Nandula, Hon’ble Member (Judicial)
Shri. Charan Singh, Hon’ble Member (Technical)
PARTIES/COUNSELS APPEARANCE:-
For the Applicant : Shri Maharshi Viswaraj, Counsel For the Respondent No.1 : Shri M.Sunil Kumar &
Shri Bendi Ravi Teja, Counsels PER: BENCH
ORDER
1. This is an application filed under Section 60(5) of IBC, 2016 read with Rule 11 of the NCLT Rules, 2016 seeking directions to the Respondent No.1 to issue No-Objection Certificate (“NOC”) for charge satisfaction forthwith (Charge Id 10329502 & 10324285) and enable the Applicant to file the charge satisfaction with ROC/Respondent No.2 and seeking directions to the Respondent No.1 to do all such things that are pre requisite for satisfaction of charges created against the Applicant.
2. Averments made in the Application:
2.1 It is averred that this Tribunal vide its order dated 9th November, 2018 in C.P. (IB) No. 275/7/HBD/2018 admitted the Petition filed by the Original Petitioners i.e., India Opportunities PTE Limited and Vistra ITCL (India) Limited and initiated CIRP of the Applicant/Corporate Debtor and imposed moratorium in accordance with Section 14 of the Code. It is stated that Mr.V.Venkatachalam, was initially appointed as the Interim Resolution Professional ("IRP") and later confirmed by the Committee of Creditors ("CoC) as Resolution Professional ("RP"), for the CIRP.
2.2 It is stated that pursuant to the advertisement of Expression of Interest, consortium of M/s. KCR Enterprises LLP and M/s. Sri City Private Limited ("Resolution Applicants") submitted their Resolution Plan; the Committee of Creditors approved the same with a voting majority of 75.91%. Subsequently, on 17th October, 2019, the Resolution Plan submitted by the Resolution Applicants was affirmed by this Tribunal in accordance with Section 31 (1) of the Code.
2.3 It is stated that prior to commencement of CIRP, M/s. KSK Water Infrastructures Private Limited (KWIPL) availed loan from Respondent No. 1 i.e., Punjab National Bank and consortium of banks (Consortium Lending) and the Applicant stood as Corporate Guarantor. Indian Overseas Bank, Central Bank of India, ASREC (India) Limited, Punjab National Bank and Punjab & Sind Bank are part of the Consortium. Except, Punjab & Sind Bank, all other banks have assigned their debts to Ms. Prudent ARC Limited. To secure such loan charges under Section 77 of the Companies Act, 2013, Charge IDs 10329502 and 10324285were created in favour of Respondent No.1 with the Registrar of Companies (“RoC”). The same is given at Page No.3 of the application in a Tabular Form.
2.4 It is stated that except Punjab & Sind Bank, all other banks after approval of Resolution Plan have assigned and transferred their exposure in KWIPL to M/s. Prudent ARC Limited with all underlying interests thereto and all their rights, interests and agreements, deeds and documents in relation or in connection to the facilities.
2.5 It is stated that under the Resolution Plan, the Applicant has executed fresh set of financing agreements inter-alia Common Debt Restructuring Agreement dated 30th December, 2019 with the lenders/bankers of the Applicant, to record the revised terms of restructured debt position pursuant to Resolution Plan approved by the Tribunal and further appointed SBICAP Trustee Company Ltd as Security Trustee. The security creation was made in favour of SBICAP Trustee Company Ltd and the charge has been registered in their name vide Charge ID: 100320310 for the hypothecation of assets. Further, the Applicant has also completed the formalities for mortgaging of leasehold and freehold lands with SBICAP Trustee Company Ltd and a Charge ID: 100320310 has been modified to record the mortgage of properties with RoC.
2.6 It is further stated that since the Tribunal approved the Resolution plan submitted by Sri City Private Limited and KCR Enterprise LLP ("Resolution Applicants") vide Order dated 17th October 2019 in IA No. 703 of 2019 all past liabilities, charges and claims against the Corporate Debtor/Applicant stand discharged and extinguished.
2.7 It is stated that as per Section 31 (1) of the Code, once the Resolution Plan is approved by the Adjudicating Authority, the same shall be binding on the Corporate Debtor and its Employees, Membe
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