aggregating
and non- mortgage to Rs. 5600
convertible created vide crores) and
debentures for deed dated 15 redeemable
maximum of Rs. September non-
3600 Crore ... convertible
sanctioned by a Simultaneousl debentures
consortium of the y, a Mortgage of Rs.
lenders of JAL Deed dated 2409.25
("Original December 29, crores
company had
raised deposits from retail investors, by instruments
purporting to be debentures. The debentures were issued
to more than 3000 investors.
In accordance with ... provisions of sec. 67 of the
Companies Act, 1956, these debentures were deemed to
have been issued to public. - - - -
The debentures were issued in breach
crores, would be
invested, by way of debentures. As per the tenets of the 'SSHA', the investors
were entitled to nominate three directors ... Corporate Debtor, apart from 49.50 Crores funded to the Corporate Debtor
through Debentures. By this stake, the Respondent No.1 Company had two
nominee Directors
Company Appeal (AT) (Ins.) No. 713 of 2020
Page 2 of 29
Debentures Subscription Agreement dated 1.3.2014 and Debenture
Trust Deed dated 1.3.2014, both ... finances up to Rs. 56 crores by
way of issuing non-convertible debentures (in short 'NCDs"). He has
stated that Respondents
past and the subsequent creation
of a pledge over the non-convertible debentures issued by DHFL
under Sections 45 and 66 of the Code ... Catalyst Trusteeship Limited ("catalysts")
was appointed as the Debenture Trustee for the secured NCDs held by the
applicant and other debenture holders
Company has defaulted in repayment of dues to
financial institutions, banks and debenture holders as
under: As per Original Agreement, all the following loans
have ... company has defaulted in repayment of dues through financial
institutions, banks and debenture holders as under:-
"As per original agreement, all the following loans
Facts in brief are that the Appellant/IDBI was appointed as a
Debenture Trustee for the benefit of the Holders of certain Debentures
issued ... Saha Infratech Pvt. Limited (Issuer/Principal Borrower) vide
Debenture Trustee Agreement dated 18/05/2016. The first Respondent Mr.
Abhinav Mukherjee is the Homebuyer
Limited (earlier IL&FS Trust Company Limited) (Vistra - in short) is
debenture trustee in respect of non-convertible debenture holder in
Respondent ... Crores. The Appellant had agreed to subscribe to 906599
compulsory convertible debentures (CCD) and had also taken one equity
share for aggregate consideration
also
been agreed for return of securities by way of
shares and debentures, which comes within the
ambit of the 'Financial Debt ... pursuant to any note
purchase facility or the issue of bonds, notes,
debentures, loan stock or any similar instrument
......"
7. Therefore, the plea taken
seeking directions to convene and hold meetings of Secured Creditors
(including Secured Debenture Holders), Unsecured Creditors (including
Unsecured Debenture Holders), Preference Shareholders and Equity
Shareholders ... holding and convening the meetings of the Secured
Creditors (including Secured Debenture holders), Unsecured Creditors
(including Unsecured Debenture holders), Preference Shareholders and
Equity Shareholders
