LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pravin Vishwakarma   14 May 2021

How do I get refund?

This is to hereby inform you that my father has taken some holiday plans as an investor in the company named as Cistrus Check-inns Limited & Royal Twinkle Stars Club Limited.
As the core business of the aforesaid company was to provide holiday plans to there investors and also promised to double there investments in the time span of 5 years.
But the same was not performed by them(Corporate Debtor) in the stipulated time duration as mentioned aforesaid.
As you can said it as failure on the part of the corporate debtor.
Some of the big corporate creditors has came up with their claims in the front of the aforesaid corporate debtor.
And the same was appealed to the court for the refund of their claims.
The Interim Resolution Professional(IRP) was appointed by the court and the corporate debtor is in the process of liquidation as per the provisions of Insolvency & Bankrutpcy Code,2016.
Various assets has been sold by the sale-cum monitoring committee which was constituted by the Hon'ble Supreme Court by way of e-auction and some of them are in the process of auction.
The Interim Resolution Professional has came up with the public notice which mentioned the declaration for those who are named as investors in the aforementioned corporate debtor to claim their refund in a particular form named as Form C within a stipulated time.
All such orders by the court, public notice, auction notice, and any other material documents were issued at the official website of the company which was constituted by the Hon'ble Supreme Court.And the same was not issued in the newspaper.
When I asked to my dad about such investments in the aforementioned corporate debtor he answered,"the company is in the process of liquidation and the claims were not yet received".
As my dad has invested such amount in the company through an agent and there is no direct investment in the company.And all such details about the company he gets from that agent.
When one fine day randomly i'm searching for the refund from the aforementioned company I got into touch with there official website which was constituted by the aforementioned court.
And through such website I got various details of the aforementioned documents which was published there.
One-by-one I started exploring them, till I reached to "To claim refund submit Form C as per IBBI provisions" which was brought by the IRP.
But I was late to claim such refund.Because in the notice it was mentioned that to claim refund submit Form C before June 2019
and I come into the notice of such notice today only.
And the time to submit such Form C lapses. Only because we are unaware of such notices and documents.
And just like me various investors are facing such an issue.
Is there any remedy available under any law to claim such an invested amount??
I'm hereby requesting from the readers to express there legal knowledge and to advise me how can I claim my refund.
Thanks & Regards
Pravin Vishwakarma

 1 Replies

Sankaranarayanan (Advocate)     14 May 2021

Repeated query 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Start a New Discussion Unreplied Threads

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query