8.2. To secure the aforesaid facilities, the Corporate Debtor and Financial Creditor executed Deed of Hypothecation dated 27.05.2021. The Corporate Debtor has not disputed that the Corporate Debtor had availed the financial assistance from the Financial Creditor for an amount of Rs.150,00,00,000/-. The disbursement of the said amount is also reflecting in the Statement of Accounts filed by the Financial Creditor which is at Exhibit “K”, Exhibit “L”, Exhibit “M” and Exhibit “N” of the Petition. The Counsel for the Financial Creditor in his Written Submissions dated 24.04.2022 has claimed that an amount of Rs.107,31,00,000/- has been paid by the Corporate Debtor but the said amount was paid towards the outstanding dues of its group companies. In this regard, the Counsel for the Financial Creditor has not been able to refer to any documents which could show that an amount of Rs.107,31,00,000/- was due from the Group Companies of the Corporate Debtor. The counsel for the Financial Creditor has further not been able to refer to written communication/instruction given by the Corporate Debtor that the amount of Rs.107,31,00,000/- was being repaid out of the outstanding amount of the group companies. In the absence of such documents, it cannot be said that the said amount of Rs.107,31,00,000/- was repaid by the Corporate Debtor towards the outstanding dues of the group companies. Therefore, the said amount is deemed to have been repaid by the Corporate Debtor. However, even the repayment of Rs.107,31,00,000/- is taken into consideration, an amount of Rs.43,00,00,000/- is yet clearly outstanding against the Corporate Debtor.
