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Delhi HC orders seizure, relocation of 129 EVs from Gensol, BluSmart in fallout of loan scam
Delhi HC orders seizure, relocation of 129 EVs from Gensol, BluSmart in fallout of loan scam

Time of India

time10-05-2025

  • Automotive
  • Time of India

Delhi HC orders seizure, relocation of 129 EVs from Gensol, BluSmart in fallout of loan scam

In continuation with a series of orders passed against Gensol and BluSmart , the Delhi High Court on Thursday directed seizure and relocation of 129 passenger electric vehicles (EVs) in Delhi, Gurugram and Bengaluru that were hypothecated to STCI Finance by the companies after the lender alleged default in loan payments and sought to restrain them from creating any third-party rights in the vehicles. Gensol had availed a ₹15 crore equipment term loan from STCI under a 2023 loan facility agreement for acquiring 129 EVs for commercial leasing. The loan was secured by a hypothecation deed and Gensol promoters Puneet Singh Jaggi and Anmol Singh Jaggi had stood as personal guarantors. STCI had allegedly disbursed funds directly to vendors, after which Gensol leased the vehicles to its related entity BluSmart, which is no longer operational. Justice Manmeet Pritam Singh Arora, while noting the STCI's apprehensions that there was an imminent risk of dissipation of the vehicles purchased by Gensol using the loan advanced by the lender, asked the three court-appointed receivers to take over the vehicles so as to secure them, make inventories and relocate them to secure locations. Gensol and the related lease entity were also restrained from selling, transferring or creating third-party rights in the vehicles. 'It will be open for the receiver to take all necessary steps to charge and preserve the vehicles so that they remain in good and working condition,' the court said, while asking Gensol and others to cooperate in identifying the locations where the hypothecated vehicles are parked within two days and not to make any attempt to shift them to any other location. The receiver shall relocate and store the vehicles in a secure facility and make all the necessary arrangements for supervision, maintenance, and preservation, according to the order. It further asked Gensol and BluSmart to cooperate with the receiver and also gave liberty to the latter to seek the assistance of the local police station if required. 'The SHO of the concerned police station is directed to render full co-operation,' the court said. The judge also asked ICICI Bank to maintain the status quo on a fixed deposit of ₹40.62 lakh, which had been separately hypothecated by Gensol as security for the loan. Citing SEBI's interim findings that company funds had been misused and diverted by Gensol's promoters in violation of corporate governance norms, the court also said that Gensol 'did not adhere to the terms of the Facility Agreement and the financial discipline … and committed defaults in repaying the loan'. 'The company's funds were routed to related parties and used for unconnected expenses, as if the company's funds were promoters' piggy bank. The diversion of funds... reflects a culture of weak internal control, where even ring-fenced borrowings from institutional creditors were rerouted at the total discretion of the promoters,' the order noted. Pursuant to the Securities and Exchange Board of India's (Sebi) April 15 order that found prima facie violations of corporate governance by Gensol and its promoters, STCI had recalled the loan in April. The lender, while seeking recovery of ₹11.25 crore, cited defaults and credit downgrades for its action.

Delhi HC orders seizure of another 129 EVs tied to Gensol and BluSmart loan
Delhi HC orders seizure of another 129 EVs tied to Gensol and BluSmart loan

Business Standard

time09-05-2025

  • Automotive
  • Business Standard

Delhi HC orders seizure of another 129 EVs tied to Gensol and BluSmart loan

The Delhi High Court on Thursday ordered the seizure and relocation of 129 electric vehicles (EVs) hypothecated by Gensol Engineering and ride-hailing startup BluSmart to lender STCI Finance. Hypothecation refers to using an asset, like a car or stock, as collateral for a loan without transferring ownership or possession to the lender. STCI alleged Gensol and BluSmart had defaulted on a ₹15 crore loan and were seeking to unlawfully dispose of the vehicles. The application, filed by STCI, under Section 12A of the Commercial Courts Act, 2015, sought exemption from instituting preinstitution mediation. Justice Manmeet Pritam Singh Arora, in her order dated May 8, barred Gensol and BluSmart from creating any third-party rights over the vehicles. Citing an urgent risk of asset dissipation, the court-appointed receivers took custody of the vehicles and authorised them to arrange for their maintenance and charging. 'Further the balance of convenience also lies in favour of the plaintiff (STCI) considering that the plaintiff may suffer loss if the possession of the vehicles is not secured and the defendant no.1(Gensol) goes on to dispose of the said vehicles in favour of third parties,' the order said. Gensol had obtained a ₹15 crore equipment term loan from STCI under a loan facility agreement on October 19, 2023 to acquire the 129 vehicles. The loan was secured through a hypothecation deed and personal guarantees from promoter brothers Puneet and Anmol Singh Jaggi. This is the fifth such petition in under two weeks seeking to restrain Gensol and BluSmart from creating third-party rights over its EVs. As of now, the court has restricted them from creating third-party rights over 619 EVs.

Delhi HC orders seizure, relocation of 129 EVs from Gensol, BluSmart in fallout of loan scam
Delhi HC orders seizure, relocation of 129 EVs from Gensol, BluSmart in fallout of loan scam

Time of India

time09-05-2025

  • Automotive
  • Time of India

Delhi HC orders seizure, relocation of 129 EVs from Gensol, BluSmart in fallout of loan scam

The EVs in question were hypothecated to STCI Finance by Gensol and BluSmart after the lender alleged default in loan payments and sought to restrain the companies from creating any third-party rights in the vehicles. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads In continuation with a series of orders passed against Gensol and BluSmart , the Delhi High Court on Thursday directed seizure and relocation of 129 passenger electric vehicles (EVs) in Delhi, Gurugram and Bengaluru that were hypothecated to STCI Finance by the companies after the lender alleged default in loan payments and sought to restrain them from creating any third-party rights in the had availed a Rs 15 crore equipment term loan from STCI under a 2023 loan facility agreement for acquiring 129 EVs for commercial leasing. The loan was secured by a hypothecation deed and Gensol promoters Puneet Singh Jaggi and Anmol Singh Jaggi had stood as personal guarantors. STCI had allegedly disbursed funds directly to vendors, after which Gensol leased the vehicles to its related entity BluSmart, which is no longer Manmeet Pritam Singh Arora, while noting the STCI's apprehensions that there was an imminent risk of dissipation of the vehicles purchased by Gensol using the loan advanced by the lender, asked the three court-appointed receivers to take over the vehicles so as to secure them, make inventories and relocate them to secure and the related lease entity were also restrained from selling, transferring or creating third-party rights in the vehicles.'It will be open for the receiver to take all necessary steps to charge and preserve the vehicles so that they remain in good and working condition,' the court said, while asking Gensol and others to cooperate in identifying the locations where the hypothecated vehicles are parked within two days and not to make any attempt to shift them to any other receiver shall relocate and store the vehicles in a secure facility and make all the necessary arrangements for supervision, maintenance, and preservation, according to the further asked Gensol and BluSmart to cooperate with the receiver and also gave liberty to the latter to seek the assistance of the local police station if required. 'The SHO of the concerned police station is directed to render full co-operation,' the court judge also asked ICICI Bank to maintain the status quo on a fixed deposit of Rs 40.62 lakh, which had been separately hypothecated by Gensol as security for the SEBI's interim findings that company funds had been misused and diverted by Gensol's promoters in violation of corporate governance norms, the court also said that Gensol 'did not adhere to the terms of the Facility Agreement and the financial discipline … and committed defaults in repaying the loan'.'The company's funds were routed to related parties and used for unconnected expenses, as if the company's funds were promoters' piggy bank. The diversion of funds... reflects a culture of weak internal control, where even ring-fenced borrowings from institutional creditors were rerouted at the total discretion of the promoters,' the order to the Securities and Exchange Board of India's (Sebi) April 15 order that found prima facie violations of corporate governance by Gensol and its promoters, STCI had recalled the loan in April. The lender, while seeking recovery of Rs 11.25 crore, cited defaults and credit downgrades for its action.

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