Examples of Financial Creditors in a sentence
Further, though there is a provision to file joint application under Section 7 by the Financial Creditors, no application can be filed by the Financial Creditor against two or more Corporate Debtors on the ground of joint liability (Principal Borrower and one Corporate Guarantor, or Principal Borrower or two Corporate Guarantors or one Corporate Guarantor and other Corporate Guarantor), till it is shown that the Corporate Debtors combinedly are joint venture company.
The proposition of law is unmistakably, unambiguously and lucidly clear that where a Financial Creditor, whether singly or jointly with other Financial Creditors seeks initiation of CIRP against the principal borrower or one or the other corporate guarantors in respect of a claim, it cannot file second application for the same set of claim against the other Corporate Debtor, be it the principal borrower or one or other Corporate Guarantor.
Counsel for the Financial Creditors and the Ld. Counsel for the Corporate Debtor and perused the records.
In terms of the Approved Resolution Plan, till the date of transfer of control of the Company to the proposed investors, the Company is being managed and controlled by the ERP under the guidance of the Secured Financial Creditors, in close co-ordination with the proposed investors.
Therefore, you having lent money to the Corporate Debtor against payment of interest will fall under the category of Financial Creditors.
In terms of the Approved Resolution Plan, till the date of transfer of control of the Company to the proposed investors, the Company is being managed and controlled by the RP under the guidance of the Secured Financial Creditors, in close co-ordination with the proposed investors.
Any proceeds and/or assets received on account of the applications filed under these sections 43, 45, 49, 66, shall not form part of the liquidation sale under the E-Auction, however, shall be part of the liquidation estate, for distribution to the Financial Creditors.
Accordingly, the liquidation value of the Company is not sufficient to cover the debt of secured Financial Creditors of the Company in full.
Minutes of the meeting show that claims from 12 Financial Creditors in Form C total amounting to ₹ 23,38,83,79,339.11 were received to date.
Committee of Creditors of INCAB Industries LtdThrough Kamala Mills LtdBeing the Largest Financial Creditors Office At: Kamala Mills Compound Senapati Bapat Marg, Lower Parel Respondent No.1/ Corporate DebtorMumbai – 400013 Respondent No.2 Present: For Appellant : Mr Sanjib Kumar Mohanty, Mr AkhileshShrivastava, Ms P.S. Chandralekha & Mr Akash Sharma, Advocates.