f) That the Adjudicating Authority is required only to note whether there is a debt and whether there is a default. The factum of debt is admitted by the Corporate Debtor in view of the disbursement of the loan amount. It is clear from the terms of the agreement, that repayment obligation entails payment of the principal amount along with interest and costs as per the terms of this Agreement. The case of the Corporate Debtor is that the payment of Rs. 10,00,00,000/- on 18-3-2022 amounts to repayment under the loan agreement, which is completely contrary to the repayment clause 1.16 of the Loan Agreement which posits that the repayment under the Agreement means repayment of principal amount along with interest. If the said repayment amounts to pre-payment, then it is in violation of the terms of the Agreement i.e., Clause 2.9 which states that there cannot be any pre-payment without the consent of the Lender. The Financial Creditor having not accorded any permission to the Corporate Debtor, the burden is heavily on the Corporate Debtor to prove that payment of Rs. 10,00,00,000/- is duly towards the outstanding payables under the Loan Agreement. No material has been placed by the Financial creditors to show that the payments of Rs. 10.00.00.000 amounts to repayment in due compliances of the terms of the Agreement. In the absence of any material being placed on record to prove contrary to the terms of Agreement, the Tribunal ought to consider the payment of Rs.
