Insolvency resolution (builder)process for corporate persons
ChandanLawyersclub
(Querist) 15 August 2017
This query is : Open
Dear Experts,
Many people have invested in Jaypee Infratech(Noida) , which is under Insolvency Resolution Process. Many people has paid 50%+ of Principle amount and incurred interest of capital
We need to claim in form B given below.
1. Should we add interest incurred in Principal amount e.g. ( 53 Lakhs + Intrest of capital)...
2. Should the claim to be certified by notary
3. Should it can be send without Notary/ Oath Commissioner signatures..
Thanks in advance...
SCHEDULE
FORM B
PROOF OF CLAIM BY OPERATIONAL CREDITORS EXCEPT WORKMEN AND EMPLOYEES
[Under Regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process
for Corporate Persons) Regulations, 2016]
[Date]
To
The Interim Resolution Professional/ Resolution Professional
[Name of the Insolvency Resolution Professional/ Resolution Professional]
[Address as set out in public announcement]
From
[Name and address of the operational creditor]
Subject: Submission of proof of claim.
Madam/Sir,
[Name of the operational creditor], hereby submits this proof of claims in respect of the corporate
insolvency resolution process in the case of [name of corporate debtor]. The details for the same are
set out below:
PARTICULARS
1. NAME OF OPERATIONAL CREDITOR
2. IDENTIFICATION NUMBER OF OPERATIONAL
CREDITOR
(IF AN INCORPORATED BODY PROVIDE
IDENTIFICATION NUMBER AND PROOF OF
INCORPORATION. IF A PARTNERSHIP OR
INDIVIDUAL PROVIDE IDENTIFICATION
RECORDS* OF ALL THE PARTNERS OR THE
INDIVIDUAL)
3. ADDRESS AND EMAIL ADDRESS OF
OPERATIONAL CREDITOR FOR
CORRESPONDENCE
4. TOTAL AMOUNT OF CLAIM
(INCLUDING ANY INTEREST AS AT THE
INSOLVENCY COMMENCEMENT DATE)
5. DETAILS OF DOCUMENTS BY REFERENCE TO
WHICH THE DEBIT CAN BE SUBSTANTIATED.
6. DETAILS OF ANY DISPUTE AS WELL AS THE
RECORD OF PENDENCY OR ORDER OF SUIT
OR ARBITRATION PROCEEDINGS
7. DETAILS OF HOW AND WHEN DEBIT
INCURRED
8. DETAILS OF ANY MUTUAL CREDIT, MUTUAL
DEBIT OR OTHER MUTUAL DEALINGS
BETWEEN THE CORPPORATE DEBIT AND THE
CREDITOR WHICH MAY BE SET OFF AGAINST
THE CLAIM
9. DETAILS OF ANY RETENTION OF TITLE
ARRANGEMENTS IN RESPECT OF GOODS OR
PROPERTIES TO WHICH THE CLAIM REFERS
10. DETAILS OF THE BANK ACCOUNT TO WHICH
THE AMOUNT OF THE CLAIM OR ANY PART
THEREOF CAN BE TRANSFERED PURSUANT
TO A RESOLUTION PLAN
11. LIST OF DOCUMENTS ATTACHED TO THIS
PROOF OF CLAIM IN ORDER TO PROVE THE
EXISTENCE AND NON PAYMENT OF CLAIM
DUE TO THE OPERATIONAL CREDITOR
Signature of operational creditor or person authorised to act on his behalf
[Please enclose the authority if this is being submitted on behalf of an operational creditor]
Name in BLOCK LETTERS
Position with or in relation to creditor
Address of person signing
*PAN number, passport, AADHAR Card or identity card issued by the Election Commission of India
AFFIDAVIT
I, [name of deponent], currently residing at [insert address], do solemnly affirm and state as
follows:
1. [Name of corporate debtor], the corporate debtor was, at the insolvency commencement date,
being the _____day of ______20__, justly and truly indebted to me in the sum of Rs.[insert
amount of claim].
2. In respect of my claim of the said sum or any part thereof, I have relied on the documents
specified below:
[Please list the documents related on as evidence of claim]
3. The said documents are true, valid and genuine to the best of my knowledge, information and
belief.
4. In respect of the said sum or any part thereof, I have not nor has any person, by my order, to
my knowledge or belief, for my use, had or received any manner of satisfaction or security
whatsoever, save and except the following:
[Please state details of any mutual credit, mutual debts, or other mutual dealings between the
corporate debtor and the creditor which may be set-off against the claim.]
Solemnly, affirmed at [insert place] on ___________ day, the ________ day of _______ 20 _____
Before me,
Notary/ Oath Commissioner
Deponent’s signature
VERIFICATION
I, the Deponent hereinabove, do hereby verify and affirm that the contents of paragraph ___ to ___ of
this affidavit are true and correct to my knowledge and belief and no material facts have been
concealed therefrom.
Verified at ______ on this ____ day of _____ 201_
Deponent’s signature
