NATIONAL COMPANY LAW TRIBUNAL
RAJEEV BHARDWAJ, MEMBER (JUDICIAL), SANJAY PURI, MEMBER (TECHNICAL)
SBI – Appellant
Versus
Mr. Parvatha Reddy Kameswari in the matter of M/s. Viceroy Hotels Ltd. – Respondent
ORDER
1. This present application is filed by the Applicant/Financial Creditor under Section 121 & Section 123 r/w 60(2) of the Insolvency and Bankruptcy Code, 2016 (hereafter referred as IBC,2016) r/w Rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtor) Rules, 2019 inter alia, seeking the initiation of the Bankruptcy Process against Smt. P. Kameswari, (herein after referred as the Respondent No. 1,/the Personal Guarantor), to the M/s Viceroy Hotels Limited (herein after referred as Respondent No. 2/Corporate Debtor).
2. The brief averments of the Applicant:
2.1 It is averred that, the Corporate Debtor/Respondent No. 2 was the principal borrower and availed various credit facilities from the Financial Creditor for projects in Bangalore, Chennai, and Hyderabad, including additional financial assistance by way of Term Loans of Rs. 64 crores for the Hyderabad Project and Rs.28 crores, for the Bangalore Project. These facilities were sanctioned on 31.01.2008, upon execution of the requisite loan and security documents, and the key agreements relevant to the present matter being listed
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