Allowed

Bank of India v. Official Liquidator for Blue Ridge Hotels Pvt. Ltd.

DRT3 Sept 2025OA/339/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application by Bank of India and Central Bank of India to recover approximately ₹90.21 crores from Blue Ridge Hotels Pvt. Ltd. The claim was reduced from the original amount after realizing ₹89.69 crores from the sale of mortgaged assets.

What did the court decide?

Recovery of ₹90,21,78,489.10 along with future interest; issuance of Recovery Certificate; mortgaged property remains liable for redemption or sale.

Bank of India versus Official Liquidator for Blue Ridge… — Execution and Attachment | DRT (2025)

¶1

ORIGINAL APPLICATION NO.339 OF 2022

¶2

DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

¶3

PRESIDING OFFICER: HARISH KUMAR KAUSHIK

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ORIGINAL APPLICATION NO.339 OF 2022

¶5

Date of Institution: 28.01.2021 Date of Decision: 03.09.2025

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TOTAL CLAIM AMOUNT:

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₹ 90,21,78,489.10/-

¶8

BANK OF INDIA, a body Corporate, constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act1970, having their Head Office at Star House, Plot No. C/5, 'G' Block, Bandra Kurla Complex, Bandra (E), Mumbai - 400 051) and one of its Branch Office amongst others known as Andheri LargeCorporate Branch situated at Bank of India Building, M.D.I. Building, 1st Floor, 28, S. V. Road, Andheri (W), Mumbai - 400 058, through its Constituted Attorney Mr. Ajay Kumar Tanwani, Chief Manager of the Applicant No. 1. … Applicant No.1

¶9

CENTRAL BANK OF INDIA, a body Corporate, constituted by and under the Banking Companies (Acquisition and Transfer of Undertakings) Act, V of 1970, having their Head office at Chandramukhi -Bulding, Nariman point, Mumbai and one of its branch amongst others known as

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Page 1 of 19

¶11

ORIGINAL APPLICATION NO.339 OF 2022

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Stressed Asset Management Branch – I, situated at Ground floor, Chandermukhi Building Nariman Point, Mumbai-400 021, through its Constituted Attorney Mr. Krishnakant Tiwari, Asst. Gen. Manager of the Applicant No. 2.

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…Applicant No. 2

¶14

Versus

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1. OFFICIAL LIQUIDATOR, HIGH COURT BOMBAY, Blue Ridge Hotels Pvt. Ltd., In Liquidation, having its office at 5th Floor, Bank of India Building Fort, Mumbai - 400 023

¶16

STATE BANK OF INDIA, a body Corporate constituted by and under State Bank of India Act, 1955, having its Local Head Office at Plot No. C-6, 'G' Block, BandraKurla Complex, Post Box No.8123 Bandra (East), Mumbai - 400 051 and one of its Branch office amongst others known as SARG Commercial -III, 112 & 115 Tulsiani Chambers, Free Press Marg, Nariman Point, Mumbai-400 021

¶17

AXIS BANK LTD, a banking Company registered under the Companies Act, 1956 having its branch office amongst other places at Axis House, C-2, 7th Floor, Wadia International Centre, P. B. Marg, Worli, Mumbai 400 025.

¶18

VISTRA ITCL (INDIA) LIMITED formerly known as IL&FS TRUST

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Page 2 of 19

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ORIGINAL APPLICATION NO.339 OF 2022

¶21

COMPANY LTD.

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A Company registered under the Companies Act, 1956) and having its registered office at I.L&FS Financial Centre, Plot No.C-22, Block "G", Bandra Kurla Complex Bandra (East), Mumbai-400 051.

¶23

…Defendants

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APPEARANCES For the Applicants : Ms Shalaka Shinde i/b. Mr Anant B Shinde - Advocate For Defendants : None – Advocate

¶25

J U D G M E N T

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(1) This is an application initially filed under Section 19(1) of the Recovery of the Debts due to Banks and Financial Institutions Act, 1993 renamed as Recovery of the Debt and Bankruptcy Act, 1993 (for short, ‘the 1993 Act’) to recover aggregated sum of ₹1,79,90,78,489.10/- (Rupees One Hundred Seventy Nine Crores Ninety Lakhs Seventy Eight Thousand Four Hundred Eighty Nine and Paisa Ten Only) wherein ₹123,20,04,265.80 (Rupees One Hundred Twenty Three Crores Twenty Lakhs Four Thousand Two Hundred Sixty Five and paisa Eighty Only) alongwith future interest @ 5.25% per annum with monthly rests plus penal interest @1% from Applicant no.1 and ₹56,70,74,223.30/- (Rupees Fifty Six Crores Seventy Lakhs Seventy Four

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Page 3 of 19

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ORIGINAL APPLICATION NO.339 OF 2022

¶29

Thousand Two Hundred Twenty Three and Paisa Thirty Only) alongwith future interest @ 12.20% per annum with monthly rests plus penal interest @2% from Applicant no.2 thereon from the date of presentation of the Original Application i.e. 28.01.2021 till payment/realization and to enforce . the mortgaged securities

¶30

The details of the initial claim from the Applicant No.1 is as under:-

¶31

Sr N	A/c No	O/s in USD	Uncharged Interest in	ROI	Penal Interest	Total in	Total in INR
o			USD			USD	@73.36
1	121371	88,53,8	30,35,23,9.88	5.25	1,04,053.	1,19,9	₹
	500000	09.51		%	8	3,103.	87,98,14,0
	082					22	52.10/-
2	121371	35,58,3	12,00,832.36	5.25	41,638.3	48,00,	₹
	500000	77.37		%	4	848.0	35,21,90,2
	084					61	13.70/-
	TOTAL					1,67,9 3,951. 28	₹ 123,20,04 ,265.80/-

¶32

The details of the initial claim from the Applicant No.2 is as under:-

¶33

Nature	Principal	ROI	Normal	Penal	Total	Final Ols. As
of Credit	O/s. (₹)		Interest	Interest	Interest	on
Facility	as on		Charged	Charged	Charged	26.01.2021
	26.01.20		(₹)Upto	(₹)Upto	(₹)Upto	(₹)
	21		26.01.20	26.01.20	26.01.20
			21	21	21
Term	₹	12.2	₹	₹	₹	₹
Loan	28,97,64,	0	24,43,59,	3,29,50,3	27,73,09,	56,70,74,223.

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Page 4 of 19

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ORIGINAL APPLICATION NO.339 OF 2022

¶36

	431		489.05	03.25	792.30	30/-
Total	₹	12.2	₹	₹	₹	₹
	28,97,64	0	24,43,59	3,29,50,	27,73,09	56,70,74,223
	,431		,489.05	303.25	,792.30	.30/-

¶37

The Advocate of Applicants vide an Additional Affidavit dated 09.05.2025 states that the all the secured properties had been sold in E-Auction Sale held by Consortium Banks and a total amount of ₹240 crores and 11 Lakhs have been recovered. An amount of ₹89,69,00,000/- (Rupees Eighty Nine Crores Sixty Nine Lakhs Only) against the total claim of ₹179,90,78,489.10/- (Rupees One Hundred Seventy Nine Crores Ninety Lakhs Seventy Eight Thousand Four Hundred Eighty Nine and Paisa Ten Only) recovered by the Applicants through E-auction thus the total claim will arrive at ₹90,21,78,489.10/- (Rupees Ninety Crores Twenty One Lakhs Seventy Eight Thousand Four Hundred Eighty Nine and Paisa Ten Only) payable from the date presentation of Original Application i.e. 28.01.2021 till payment/realisation.

¶38

(2) It is undisputed fact in the matter that the Defendant nos.1 to 4 were duly served with the summons vide order-sheet dated 02.08.2023. Despite service, the defendants did not enter their appearance and therefore, they are set ex-parte on 11.03.2024.

¶39

(3) In the present matter it is derived from the

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Page 5 of 19

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ORIGINAL APPLICATION NO.339 OF 2022

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records produced that the original borrower company is the Blue Ridge Hotels Pvt. Ltd., approached to the Applicant Banks in consortium banking arrangements consisting of Bank of India as lead bank and State Bank of India (erstwhile State Bank of Patiala and State Bank of Travancore), Central Bank of India and Axis Bank Ltd seeking financial assistance by way of Rupee Term Loan for setting up 543 rooms of Five Star Business hotel under the “Novotel” brand at Andheri, Mumbai.

¶43

(4) Wherein the Defendant No.1 is the Official Liquidator appointed by the Hon’ble Bombay High Court, Defendant No.4 is the Security Trustee and the Mortgagee of the said credit facilities and Defendant Nos.2 and 3 are the Pro-Forma Parties. Pursuant to the loan application made by defendant, the Applicant No.1 sanctioned the loan of ₹150 crores vide Sanction Letter dated 01.06.2012 limit issued as given in the table below repayable in 14 unequal quarterly installments commencing 48^th months from the first disbursement date and of the 14^th installment of 77.75% of the ECB amount, 3% shall be paid by the company and the balance 74.75% will be refinanced by way of a Rupee Term Loan from us within overall exposure of ₹150 crores. The refinancing of the balance 74.75% shall be made

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Page 6 of 19

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ORIGINAL APPLICATION NO.339 OF 2022

¶46

by way of the equivalent Rupee Term Loan from Applicant No.1 bank, irrespective of the status of the accounts (Door-to-Door: 7 years and 3 months).

¶47

The details of the Sanctioned amount issued by Applicant No.1 bank are as under:-

¶48

S r N o Date of Sanction	Nature of Loan		Amount sanction ed (in crores)	ROI	Security
1 01.06.2012	Fund Based Limits	Rupee Term Loan (RTL)	150.00	2.50% above Base Rate equivalent to 13% per annum (floating).	Principal Security:- 1. A first pari-passu charge the entire moveable and immovable fixed assets of the Company both present and future 2. First pari passu charge on all monies lying in Escrow Account into which all the
		External Commerc ial Borrowin g (ECB)	(USD 19 million)	6 Months Libor + 500 bps#	drawdown under the Facility (including equity contribution), all project revenues and insurance proceeds are to be

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Page 7 of 19

¶50

ORIGINAL APPLICATION NO.339 OF 2022

¶51

Total Fund Based Limits		150.00		deposited 3.Assignment of all rights, title, benefits, claims and demands of the Company under project documents on first pari passu basis.
Non- Fund Based Limits	LC –I/F (DP/DA) upto 180 days for CAPEX, within RTL	(75.00)	@ 1% per annum (all inclusive) + ST	Collateral Security:- Pledge of 100% shareholding of the Promoters (including FCCDs) in the Company on first pari passu basis.
	Bank Guarante e (Inland) within RTL	(25.00)	@ 1% per annum + ST

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Page 8 of 19

¶53

ORIGINAL APPLICATION NO.339 OF 2022

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Total/	150.00
Maximu
m Limit

¶55

The details of the documents executed by the Defendants in respect of Applicant No.1 Bank are as under:-

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(a) Accepted Sanction Letter dated 01.06.2012;

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(b) Common Loan Agreement dated 30.07.2012 between Blue Ridge Hotels Private Limited and BOI, e-State Bank of Patiala, e-State Bank of Travancore and Central Bank of India (Lenders) and BOI (Facility Agent);

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(c) Facility Agent Agreement dated 30.07.2012 between Blue Ridge Hotels Private Limited and BOI, e-State Bank of Patiala, e-State Bank of Travancore and Central Bank of India (Lenders) and BOI (Facility Agent);

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(d) Inter Creditor Agreement dated 30.07.2012 between BOI, e-State Bank of Patiala, e-State Bank of Travancore and Central Bank of India (Rupee Lenders) and Axis Bank (ECB Lender) and BOI (Facility Agent) and IL&FS Trust Company Limited (Security Trustee);

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(e) Escrow Account Agreement dated 30.07.2012 between Blue Ridge Hotels Private Limited and BOI, e-State Bank of Patiala, e-State Bank of Travancore and Central Bank of India (Rupee Lenders) and Axis Bank (ECB Lender)

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Page 9 of 19

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ORIGINAL APPLICATION NO.339 OF 2022

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and BOI (Facility Agent) and IL&FS Trust Company Limited (Security Trustee) and BOI (Escrow Agent).

¶64

Share of each consortium bank is as under:-

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Sr No	Name of the Lender	Facility	Amount (₹ in crores)
1	Bank of India (BOI)	Rupee Term Loan External Commercial Borrowing Letter of Credit (L/C) Bank Guarantee (BG)	150 (19.00 million USD) (75) (25)
		Total BOI Facility	150
2	State Bank of Patiala (SBP)	Rupee Term Loan Letter of Credit (L/C)	75 (37.50)
		Total SBP Facility	75
3	State Bank of Travancore (SBT)	Rupee Term Loan Letter of Credit (L/C)	50 (37.50)
		Total SBT Facility	50
4	Central Bank of India (CBI)	Rupee Term Loan Letter of Credit (L/C) Capex Letter of Credit (L/c)/Bank Guarantee (BG)	50 (25.00)
		Total CBI Facility	50
	AGGREGATE TOTAL		325.00
	Axis Bank Ltd	ECB Facilities	USD 25.00 Million

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Page 10 of 19

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ORIGINAL APPLICATION NO.339 OF 2022

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(f) Deed of Mortgage dated 10.10.2012 in favour of Defendant No.4 as a Mortgagee and security trustee for the benefit of lenders in respect of the mortgaged properties;

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(g) Revival Letter dated 09.03.2015;

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(h) Board Resolution dated 05.03.2015;

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(i) Revival Letter dated 01.02.2018;

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(j) Board Resolution dated 01.02.2018.

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Further the Applicant No.2 sanctioned limit of ₹50 crores vide Sanction Letter dated 11.11.2011 a limit as given in the table below and repayable in 37 structured quarterly installments commencing after 6 months moratorium from the date of COD (First installment tentatively commence on 31.12.2014 and the last installment on 31.12.2023).

¶74

The details of the Sanctioned amount issued by Applicant No.2 bank are as under:-

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S r N o Date of Sanction	Nature of Loan		Amount sanction ed (in crores) (in₹)	ROI	Security
1 11.11.2011	Term Loan Sub- limit under Term	Capex LC (Inland- Import)/ Bank Guarante	50 (25)	Base Rate + 2.50% per annum Commission : 0.50% all inclusive for capex LC for 1 year and	A first charge on the entire moveable and immoveable fixed assets of the Company both present

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Page 11 of 19

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ORIGINAL APPLICATION NO.339 OF 2022

¶78

	Loan Total	50	1% all inclusive for Bank Guarantee for 6 years.	and future, on a pari- passu basis. Hypothecatio n of all monies lying in Escrow Account into which all the drawdown
2 23.04.2012 (Revised Terms and Conditions of Applicant No.2 Bank)	Total	50 50	Bank of India's BR+2.50% 13.25% payable at monthly rests.	under the Facility (including equity contribution), all project revenues and insurance proceeds are to be deposited
3 11.01.2016 (Reviewed)	Term Loan	50	As per CO Cir with reset of ROI as 1 ^{s t}reset on COD and every 2 years thereafter. Revised COD is on	Assignment of all rights, title, benefits, claims and demands of BRHPL under project documents.
			01.10.2017.	Pledge of
	Sub- Limit under TL: Capex LC/BG Total	(25) 50	Sub-Limt under TL: Capex LC/BG	100% shareholding of the Promoter (including FCCDs) in the Borrower on first pari passu basis (on a prorata basis, this will be within the maximum permissible limit prescribed by RBI.

¶79

The details of the documents executed by the Defendants in respect of Applicant No.2 Bank are as under:-

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(a) Copy of Sanction Letter dated 11.11.2011;

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(b) Modified Letter dated 23.04.2012;

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(5) On 11.11.2011, 23.04.2012, 01.06.2012, 30.07.2012, 10.10.2012, 05.03.2015, 09.03.2015,

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ORIGINAL APPLICATION NO.339 OF 2022

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11.01.2016, 01.02.2018, defendants signed and executed the loan and security documents as set out in paragraph nos. E (Page no.13) of the Original Application. Defendants mortgaged All that piece and parcel :-

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(a) Non Agricultural land or ground admeasuring 4684 sq. yards i.e. 3916 sq. mtrs. or thereabouts as per title deeds and as per City Survey Records admeasuring 3937 sq. mtrs. bearing City Survey No. 780 and Survey Nos. 77A/1D, 77/3A/2, 77A/4A/1, 77A/5/1, 77 A/7 (part) and 77 A/8 C (Old Survey No.77, Hissa No. 1 (part), 3 (part), 4 (part), 5 (part), 7 (part) and 8 (part) of Village Marol, Taluka Andheri, Mumbai Suburban District, together with the buildings and other structures thereon situated at Andheri Kurla Road, Marol, Andheri (E), Mumbai within the limits of Municipal Corporation of Greater Mumbai;

¶88

(b) Non Agricultural land or ground:- i) admeasuring 1392.46 sq. mtrs. bearing Survey No.79, Hissa No.14 A (part) now known as Survey No.79 C/1 and City Survey No.777 (part) (previously City Survey Nos. 777 (part) and 777/6 to 22 and Survey No. 14 A (part) or 70C of

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Page 13 of 19

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ORIGINAL APPLICATION NO.339 OF 2022

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Village Marol) and

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ii) admeasuring 202.334 sq. mtrs. bearing Survey No.79, Hissa No.17 now known as Survey No.79 D and City Survey No.781 (previously City Survey No.781 and Survey No. 79 D/17) of Village Marol, Taluka Andheri, Mumbai Suburban District, together with the buildings and other structures thereon situated at Andheri - Kurla Road, Marol, Andheri (E), Mumbai within the limits of Municipal Corporation of Greater Mumbai and exclusive of 397 sq. mtrs. Area for internal road passing through the property and 820.51 sq. mtrs. Of common road leading to the property and

¶93

(c) Non Agricultural land or ground admeasuring 3724 sq. yards i.e. 3116.9879 sq. mtrs. or thereabouts bearing City Survey No.787 and Survey No.77 A Hissa No.9 C and Survey No. 77 B of Village Marol, Taluka Andheri, Mumbai Suburban District, together with the buildings and other structures thereon situated at Andheri - Kurla Road, Marol, Andheri (E), Mumbai Suburban District, together with the buildings and other structures thereon situated at Andheri-Kurla

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Page 14 of 19

¶95

ORIGINAL APPLICATION NO.339 OF 2022

¶96

Road, Marol, Andheri (E), Mumbai within the limits of Municipal Corporation of Greater Mumbai, owned by Blue Ridge Hotels Pvt. Ltd. vide Deed of Mortgage dated 10.10.2012 to secure the loan.

¶97

(6) After availing the loan, defendants did not adhere to the financial discipline and committed default in payment of instalments and repayment of the loan and accordingly the accounts of the borrowers were declared as Non-Performing Assets (N.P.A.) on 24.08.2016 for Applicant No.1 and 01.07.2016 for Applicant No.2 as per RBI Guidelines. Therefore, on 29.12.2020, the applicant, through its advocate, called upon defendants to liquidate the outstanding for the sum of ₹118,39,28,914.14/- (Rupees One Hundred Eighteen Crores Thirty Nine Lakhs Twenty Eight Thousand Nine Hundred Fourteen and paisa Fourteen Only) as on 15.12.2020 from Applicant No.1 and ₹55,75,49,632.70/- (Rupees Fifty Five Crores Seventy Five Lakhs Forty Nine Thousand Six Hundred Thirty Two and Paisa Seventy Only) as on 15.12.2020 under Term Loan from the Applicant No.2 with further interest from 16.12.2020. Despite notice, original borrower company failed and neglected to pay.

¶98

(7) As on 28.01.2021, there was owing, due and

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Page 15 of 19

¶100

ORIGINAL APPLICATION NO.339 OF 2022

¶101

payable by original borrower company to the applicant the aggregate sum of ₹179,90,78,489.10/- (Rupees One Hundred Seventy Nine Crores Ninety Lakhs Seventy Eight Thousand Four Hundred Eighty Nine and Paisa Ten Only) out of which the Applicants have been recovered ₹89,69,00,000/- (Rupees Eighty Nine Crores Sixty Nine Lakhs Only) against the total claim after sale of the mortgaged immovable properties to the successful bidder as per the Sale Certificate dated 18.02.2025 as submitted in the Additional Affidavit on behalf of the Applicant dated 09.05.2025. The applicant has maintained the loan ledger extract and the entries posted therein are made in the usual and ordinary course of the banking business.

¶102

(8) Since, defendants failed and neglected to make the payment, the applicant was left with no other alternate but to file the Original Application which was presented on 28.01.2021.

¶103

(9) The applicant has filed affidavit (exhibit-6) for Applicant No.1 and (exhibit-9) for Applicant No.2 in lieu of examination in chief of Mr Anirudha Parthasarathi Mukherjee, Chief Manager of Applicant No.1 and Mr Rajiv Upadhayay, Chief Manager of Applicant No.2 and list of documents (exhibit-7, 8 and 10) thereby adducing in evidence the documents at AW-1 to AW-18 for Applicant

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Page 16 of 19

¶105

ORIGINAL APPLICATION NO.339 OF 2022

¶106

No.1 and AW-1 to AW-8 for Applicant No.2, which are admitted in evidence, read, recorded and exhibited.

¶107

(10) Accordingly, in the Original Application was initially filed for recovery of aggregated sum of ₹1,79,90,78,489.10/- (Rupees One Hundred Seventy Nine Crores Ninety Lakhs Seventy Eight Thousand Four Hundred Eighty Nine and Paisa Ten Only) alongwith future interest @ 12.20% per annum with monthly rests plus penal interest @ 2% thereon but as the Applicants have recovered ₹89,69,00,000/- (Rupees Eighty Nine Crores Sixty Nine Lakhs Only) from the sale of the secured assets in Auction the final recoverable amount will aggregate to ₹90,21,78,489.10/- (Rupees Ninety Crores Twenty One Lakhs Seventy Eight Thousand Four Hundred Eighty Nine and Paisa Ten Only) payable from the date of filing of the Original Application i.e. 28.01.2021 till payment/realisation.

¶108

(11) The Tribunal has scrutinised and examined the allegations contained in the Original Application and analysed the evidence adduced by the applicant which has gone unchallenged, uncontroverted and unrebutted.

¶109

(12) Upon careful scrutiny and the examination of the Original Application, analysing the evidence and giving due weightage to the documentary evidence

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Page 17 of 19

¶111

ORIGINAL APPLICATION NO.339 OF 2022

¶112

adduced by the applicant, the Tribunal views that there is no reason to disbelieve the claim made by the applicant bank.

¶113

(13) In view of the observations made hereinabove, Original Application filed by the applicant deserves to be allowed.

¶114

(14) Since the Defendant No.02 to 4 are Proforma Parties and not the part of the borrower company, hence, the following order:

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ORDER

¶116

(A) The Original Application No.339 of 2022 is allowed with costs.

¶117

(B) The Defendant No.1 i.e. Borrower company namely Blue Ridge Hotels through its Official Liquidator is hereby ordered and directed to pay to the applicant nos.1 and 2, aggregated sum of ₹90,21,78,489.10/- (Rupees Ninety Crores Twenty One Lakhs Seventy Eight Thousand Four Hundred Eighty Nine and Paisa Ten Only) payable alongwith future interest @ 12% per annum simple interest thereon from the date of filing of Original Application i.e.28.01.2021 till payment/realization.

¶118

(C) The Defendant No.1 i.e. Borrower company namely Blue Ridge Hotels through its Official Liquidator is entitled to redeem the mortgage as per law failing which the applicant has right to proceed to sell the mortgaged property and recover dues as per

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Page 18 of 19

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ORIGINAL APPLICATION NO.339 OF 2022

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law.

¶122

(D) Issue Recovery Certificate.

¶123

(E) The learned Registrar is directed to send a copy of the judgment and recovery certificate to (i) the applicant, (ii) defendant and (iii) the Recovery Officer by post and email.

¶124

Sd/-

¶125

(Harish Kumar Kaushik) Presiding Officer, DRT-2, Mumbai

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Page 19 of 19

Bank of India v. Official Liquidator for Blue Ridge Hotels Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Bank of India v. Official Liquidator for Blue Ridge Hotels Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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