were pledged in favour of Financial Creditor. On
19.09.2022, a Share Pledge Agreement was entered into
pursuant to MoU. On 29.11.2022, a pledge invocation notice ... sole discretion of
Financial Creditor to invoke the shares and pledge invocation was noticed
on 29.11.2022 and thereafter shares were realized and the amount, which
pledged certain securities with
3
ITA No. 4728/Mum/2023
a company, named, M/s. ASQ Connect Ltd. The above said company
invoked the pledge ... favorable order, wherein it was held that the invocation of pledge by M/s.
ASQ Connect Ltd., is not justified, meaning thereby, there
price which
would have a bearing on the invocation of the
pledges which secured the loans/NCD which
were mis-reported in the Public
Announcement
Security Interest Act, 2002 (' SARFAESI Act '), amounted to an invocation of the
Personal Guarantee. The Appellant asserts that SBI incorrectly claims that ... therefore, could not have
invoked this guarantee against the Appellant. Furthermore, the invocation of the
Personal Guarantee was executed in blatant disregard of its express
aforesaid amount is received by the
Company at any time after the invocation and realization of bank
guarantee, in such an event Purchaser shall remit ... crystallised)
Less: Retention Money
30% of purchase
consideration, in case
pledged shares are not
endorsed in favour of
Purchaser on the SPA
Page
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NATIONAL COMPANY LAW APPELLATE
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NATIONAL COMPANY LAW APPELLATE