IIFL FINANCE LIMITED Vs. VINAY JAIN

JUDGEMENT

(1.) In Arbitration petition 1147/2021, petitioner seeks appointment of Arbitral Tribunal pursuant to a Credit Facility Agreement dtd. 1/11/2017 and in Arbitration petition 1170/2021, petitioner seeks appointment of Arbitral Tribunal pursuant to the Deed of Guarantee dtd. 1/11/2017.

(2.) Both the documents are alleged to have signed by Mr. Vinay Jain, respondent in Arbitration petition 1147/2021 and the director of the respondent in Arbitration petition 1170/2021.

(3.) As per the there was a loan transaction between AVJ Developers India Private Ltd. which had availed of three term loans of Rs.25.00 crores on 9/1/2015, Rs.75.00 crores on 13/1/2015 and Rs.35.00 crores on 29/4/2016 respectively. In respect of the said term loan of Rs.35.00 crores, it is alleged that only Rs.23.00crores were disbursed. The total amount disbursed as per the petitioner to the said debtor, AVJ Developers India Private Ltd. was Rs.123.00 crores. The three loans had become irregular in the month of August, 2017.