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Aakash Buradkar   07 September 2018

Stamp paper value for pending Salary Claim

I have to claim an amount of Rs. 107403 through Form- E to my company which is under liquidation process.
How much should be the value of stamp paper for an affidavit for the same.

Kindly help.


Learning

 3 Replies

Kumar Doab (FIN)     07 September 2018

Go thru public announcements made for matter of your establishment..and relate so that there is NO error in your claim..

Kumar Doab (FIN)     07 September 2018

Recheck and reconfirm from official liquidator..Adjuticating Authority…. Insolvency and Bankruptcy Board of India…..

Or take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, seasoned employee’s/trade union leaders and your own very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Labor/Service/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments, IBR, etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..e.g; the evidences that you have,  etc  

There are such very able counsels at each location.

Check for such counsels at LOCAL Labor courts/CGIT/NCLT/civil courts, HC, SC…

 

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (LIQUIDATION PROCESS) REGULATIONS, 20161 [AMENDED UPTO 01.04.2018]

 Can be seen/downloaded from website of authority.

Kumar Doab (FIN)     07 September 2018

The link on FAQ publication by windworld must have already reached you;

 

 

2. How do I file a claim as a creditor? The proof of claims is to be submitted by way of specified forms along with an affidavit (on a non-judicial stamp paper of Rs. 100) (witnessed by a notary or oath commissioner) and relevant documentary proof in support of the claim, as prescribed under Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (“CIRP Regulations”)

3. Where will I get the claim forms and how can I file the claim? The forms can be downloaded from the website of  (Insolvency and Bankruptcy Board of India). Alternatively, forms are also available for download at WWIL’s website under the CIRP section. Below is the list of forms which are specific for each type of creditor. Form B –proof of claim by operational creditors (except workmen and employees) Form C – proof of claim by financial creditors Form D – proof of claim by a workman or/and employee Form E – proof of claim submitted by authorized representative of workmen and employees Form F – proof of claim by creditors (Other than financial creditors and operational creditors)

4. Which documents and support should I attach along with claim form while submitting to the IRP?

Please find below a list of documents which may be submitted to prove the existence of claim by the respective creditors.. This will reduce ambiguity and enable smooth verification of claims.

Workmen & Employees − Proof of employment such as valid contract of employment for the period for which the workman/ employee is claiming dues; − Notice demanding payment of unpaid dues sent to WWIL and any documentary or other proof that payment has not been made; − Order of a court or tribunal that has adjudicated upon the non-payment of a dues, if any

6. I have already sent the detailed listing of invoices outstanding to IRP. Would I still need to fill and submit my claim? Yes. Your claims will not be acknowledged until the receipt of a completed appropriate form (as mentioned above) along with an affidavit (on a non-judicial stamp paper of Rs. 100) (witnessed by a notary or oath commissioner) and relevant supporting documents, as prescribed under the CIRP Regulations

7. Is it mandatory for me to have affidavit notarized on a stamp paper? Yes. You must have your affidavit notarized on a stamp paper as mentioned above.


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