That the erstwhile Companies Act, 1956 subscribed to the
concept of 'Officer who is in default' ( Section 5 ). It is submitted
that
majority controlled the PMC and default subsequent to
constitution of PMC is orchestrated by financial creditor and the said default
cannot be basis ... follows:-
"B. As per the Initial Subscriber, on 30.06.2019, there
was a payment default on the Debentures of Rs.
26,65,67,499/-(Rupees
debentures issued by the Corporate
Debtor, and subscribed to by the Fund. The total default amount against the
Company Appeal
since the proceedings were triggered due to default
committed by the Corporate Debtor. We do not subscribe to this view of the
Learned Counsel ... expenses and fees of Rs. One lakh within 15 days as no default has been
proven to have occurred on part of the BJCL/Corporate
context. Respondent No. 1 invested
a total sum of ₹ 50 crores by subscribing five lakhs class B equity shares of ₹
ten each aggregating ... right to nominate equal
directors on Board. Further, in the event of default, Respondent No. 1 was
entitled to receive the total investment amount along
Stamps Act which could not be
admitted as evidence of debt and default.
2. It is the case of the Appellant that the Corporate Debtor ... debtor through corporate entity Vistra (ITCL)
India Ltd. and they agreed to subscribe to 5600 secured redeemable
non-convertible debentures (NCDs) having face value
provided a bridge loan for a sum of
Rs.102 Crores by subscribing to 10,200,000 Optionally Convertible
Debentures (OCDs) of Respondent ... record shows that the Appellant and
Respondent No.13 in view of default sought to exercise their rights under
the Investment Agreement together with Share
provisions deal with Share Application
Money actually coming in to increase the subscribed capital; that Section 42(6)
of the Act deals with a case ... after passing
the Board Resolution dated 10.05.2019, revoking the allotment of shares,
defaulted in not returning the Share Application Money amounting
2010 was issued and
the Applicant/ Financial Creditor agreed to subscribe to the CCDs amounting to
Rs. 125,00,00,000/- vide a 'Debenture ... 2011, wherein the terms and conditions of the buy back of CCDs
subscribed by the Applicant were detailed. The Applicant by exercising this
option agreed
further submitted that in absence of any claim, no
default can be alleged.
Company Appeal(AT)(Insolvency) No. 209 of 2019 Page ... securities within that period, it shall repay the
application money to the subscribers within fifteen
days from the date of completion of sixty days