Debts Recovery Tribunals and Appellate Tribunals

PUNJAB NATIONAL BANK vs M/S Shree Ambika Sugars Ltd on 3 June 2024

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IN THE DEBTS RECOVERY TRIBUNAL –I AT CHENNAI

Dated this 3rd Day of June, 2024

PRESENT: SHRI A.S.JAYACHANDRA

Presiding Officer

T.A. No.80 of 2022

1.

Punjab National Bank,

Large Corporate Branch,

Rayala Towers, No.781-785, Anna Salai,

Chennai – 600 002

Rep. by its Chief Manager

2.

State Bank of India

Commercial Branch,

No.232, NSC Bose Road,

Chennai – 600 001

Rep by its Asst. General Manager

3.

Union Bank of India

Chennai Main Branch

No.139, Broadway,

Chennai – 600 108

Rep. by its Asst. General Manager

4.

Lakshmi Vilas Bank

Presently merged with DBS Bank India Ltd Commercial Banking Branch No.5, Srinivasa Towers, Cenetaph Road, Teynampet, Chennai – 600 018

Rep. by its Manager

5.

IDBI Bank Ltd

NPA Management Group

No.115, Anna Salai, Saidapet

Chennai – 600 015

Rep. by its Deputy General Manager

6.

Andhra Bank

Presently merged with Union Bank of India Specialized Asset Recovery Management Branch Old No. 95, New No.137, First Floor, Mount Road, Anna Salai, Chennai – 600 002

Rep. by its Chief Manager

7.

Indian Bank

Nandanam Branch

No.480, Anna Salai,

Chennai – 600 035

Rep. by its Chief Manager

8.

Canara Bank

Prime Corporate Branch,

Spencer Tower, I, Ground Floor,

No.770, Anna Salai, Chennai - 600 002

Represented by its Chief Manager

9.

Corporation Bank

Presently merged with Union Bank of India Industrial Finance Branch, Coimbatore - 641 018

Represented by its Chief Manager

10. L & T Infrastructure Finance Company Ltd Registered Office at Brindavan, Plot No.177, Near Shaman Motors Showroom, CST Road, Kalina Santacruz, Mumbai – 400098

Represented by its Divisional Manager, Legal

. . . Applicants

-VERSUS-

1.

M/s. Shree Ambika Sugars Ltd

Rep. by its Managing Director,

Mr. R. V. Tyagarajan,

Having its Registered Office at:

“Eldorado”, 5th Floor,

No.112, Uthamar Gandhi Salai,

Nungambakkam,

Chennai – 600 034

Presently represented by its RP/Liquidator.

2.

Mr.R.V.Tyagarajan

Chairman and Managing Director,

At “Eldorado”, 5th Floor,

No.112, Uthamar Gandhi Salai,

(Nungambakkam High Road),

Chennai – 600 034.

3.

M/s. Thiru Arooran Sugars Ltd

Represented by its Directors

At “Eldorado”, 5th Floor,

No.112, Uthamar Gandhi Salai,

(Nungambakkam High Road),

Chennai – 600034

Presently represented by its RP/Liquidator.

4.

M/s. Terra Energy Ltd,

Represented by its Directors

Having its registered office,

At “Eldorado”, 5th Floor,

No.112, Uthamar Gandhi Salai,

(Nungambakkam High Road), Chennai -600034.

5.

M/s. Trichy Distilleries and Chemicals Ltd Rep. by its Directors Having its registered office, At “Eldorado”, 5th Floor, No.112, Uthamar Gandhi Salai, (Nungambakkam High Road), Chennai-600034.

6.

Mrs. Malathi Ram

W/o. Mr.R.V.Tyagarajan

No.30, Ranjit Road, Kotturpuram,

Chennai – 600 085.

. . . Respondents

: - PROCEEDINGS DT.03.06.2024 - :

Applicant by Sh.M.L.Ganesh, Adv appears through VC and Sh.Hussain files the additional memo duly signed by the Ld Counsel and the bank.

2.

In the memo filed today it is clearly mentioned that the approved plan for Rs.180 Crores is distributed between secured financial creditors and others. In the

account of secured financial creditors, a total sum of Rs.130 Crores are paid by M/s SNJ distilleries Pvt Ltd towards the loan account of the applicants.

3.

Perused the memo.

4.

As per Page 3, applicant banks and other claimants have received a total sum of Rs.130,00,41,122.00/-.

5.

With this payment the applicant banks submit that the OA is not pressed against the first and third defendants. It is also prayed that the applicant banks may be given liberty to reopen the case against the second defendant who is facing personal insolvency resolution process before the Ld NCLT, Chennai.

6.

Having heard the ld Counsel, the present TA stands disposed of by the following order

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: - O R D E R - :

TA-80/2022 stands disposed of as having being satisfied and withdrawn qua defendants 1 and 3. The applicant banks are at liberty to reopen the case by filing proper application against the second defendant, as and when so advised in view of the pendency of the insolvency proceedings against the second defendant. The original documents filed if any may be returned by maintaining a photocopy on record. A copy of this order may be communicated to all the parties concerned. Sd/- (A.S.JAYACHANDRA)

PRESIDING OFFICER

DRT-I, CHENNAI (Dictated to the Assistant who typed in the system, corrected, signed and pronounced in open court on this 3rd Day of June, 2024)

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