IBC Assignment 3

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 25

Exercise-I:

FORM 3
[Refer clause (a) of sub-rule (1) of rule 5]

FORM OF DEMAND NOTICE/INVOICE DEMANDING PAYMENT

UNDER THE INSOLVENCY AND BANKRUPTCY CODE, 2016

Date: 27.01.2021
To,
Saphira Private Limited,
House No.XY, Corporate Park,
Khirki Village,
New Delhi-110017,

From,
VA and Associates,
House No. AB, Hydel Park,
Greater Kailash,
New Delhi
Subject: Demand notice/invoice demanding payment in respect of unpaid
operational debt due from Saphira Pvt. Ltd. under the Insolvency and
Bankruptcy Code, 2016.

Madam/Sir,

1. This letter is a demand notice/invoice demanding payment of an unpaid operational

debt due from Saphira Pvt. Ltd. (Corporate Debtor)

2. Please find particulars of the unpaid operational debt below:

PARTICULARS OF OPERATIONAL DEBT


1. TOTAL AMOUNT OF RS. 1.2 CRORES (Rupees ONE CRORE
DEBT, TWENTY LAKHS only)

DETAILS OF THE CORPORATE DEBTOR DEFAULTED


TRANSACTION ON IN PAYING THE CONSIDERATION
ACCOUNT OF WHICH AMOUNT FOR SUPPLY OF WOODEN
SUCH DEBT FELL DUE SLIPPERS UNDER THE AGREEMENT
DATED 20.01.2018 (ANNEXURE A-1).
PURSUANT TO THE SAID AGREEMENT,
THE OPERATIONAL CREDITOR
DELIVERED THE GOODS TO THE
CORPORATE DEBTOR ON 20.04.2019 AND
HAD RAISED INVOICE ON 20.04.2019.

IN A MEETING BY THE CORPORATE


DEBTOR AND THE OPERATIONAL
CREDITOR ON 28.06.2019, IT WAS
AGREED THAT THE AMOUNT DUE
WOULD BE IN TWO DAYS.

IN FURTHERANCE OF THE AGREEMENT,


THE CORPORATE DEBTOR ISSUED 4
CHEQUES, EACH OF RS. 20 LAKHS AND
TWO OF WHICH WERE DISHONOURED.
MAKING THE DEFAULTED AMOUNT RS.
40 LAKHS.
2. AMOUNT CLAIMED TO RS. 40,00,000/- (RUPEES FOURTY LAKHS
BE IN DEFAULT AND ONLY)
THE DATE ON WHICH
THE DEFAULT
THE PAYMENTS ARE OUTSTANDING
OCCURRED
FROM 01.07.2019 (date).

3. PARTICULARS OF ANY NA.


SECURITY HELD, IF ANY,
THE DATE OF ITS
CREATION, ITS
ESTIMATED VALUE AS
PER THE CREDITOR

4. DETAILS OF RETENTION NA
OF TITLE
ARRANGEMENTS (IF
ANY) IN RESPECT OF
GOODS TO WHICH THE
OPERATIONAL DEBT
REFERS
5. RECORD OF N.A.
DEFAULT WITH
THE INFORMATION
UTILITY (IF ANY)
6. PROVISION OF LAW, THE INDIAN CONTRACT ACT, 1872
CONTRACT OR OTHER THE COMPANIES ACT, 2013
DOCUMENT UNDER
THE INSOLVENCY AND BANKRUPTCY
WHICH DEBT HAS
CODE, 2016.
BECOME DUE
THE CONTRACT OF SUPPLY FOR
WOODEN SLIPPERS DATED 20.01.2018.

THE INVOICE ISSUED BY THE


OPERATIONAL CREDITOR DATED
20.04.2019.

THE MINUTES OF MEETING ON


28.06.2019.

7. LIST OF DOCUMENTS ANNEXURE A-1 IS a TRUE COPY OF


ATTACHED TO THIS THE THE CONTRACT OF SUPPLY FOR
APPLICATION IN ORDER WOODEN SLIPPERS DATED 20.01.2018.
TO PROVE THE ANNEXURE A-2 IS THE DETAILS OF
EXISTENCE OF THE INVOICE ISSUED BY THE
OPERATIONAL DEBT OPERATIONAL CREDITOR DATED
AND THE AMOUNT IN 20.04.2019.
DEFAULT
ANNEXURE A-3 IS THE INVOICE
ISSUED BY THE TRUCKING COMPANY
FOR SHIPPING 200 WOODEN SLIPPERS
DATED 19.04.2019.

ANNEXURE A-4 (COLLY) ARE E-MAILS


DATED 30.05.2019 AND 30.062019 SENT
BY THE OPERATIONAL CREDITOR TO
THE CORPORATE DEBTOR REQUESTING
THEM TO MAKE GOOD OF THE
PAYMENT DUE OF RS. 40 LAKHS (Rupees
FOURTY LAKHS ONLY).

ANNEXURE A-5 A COPY OF THE


MINUTES OF MEETING ON 28.06.2019.

1. If you dispute the existence or amount of unpaid operational debt which as per

Operational Creditor Rs. 40,00,000/- (Rupees Fourty Lakhs only )please provide the

undersigned within 10 (ten) days of the receipt of this letter of the pendency of the suit

or arbitration proceedings in relation to such dispute, filed before the receipt of this

letter.

2. If you believe that the unpaid operational debt has been repaid before the receipt of this
letter, please demonstrate such repayment by sending to us, within ten days of receipt of
this letter, the following:
(i) An attested copy of the record of electronic transfer of the unpaid amount
from the bank account of the corporate debtor; or

(ii) An attested copy of any record that VA And Associates has received the
payment.

3. The undersigned, hereby, attaches, a certificate from an information utility


confirming that no record of a dispute raised in relation to the relevant operational
debt has been filed by any person at any information utility. (if applicable)- NA.

4. The undersigned request you to unconditionally repay the unpaid operational debt
Rs. 40,00,000/- (Rupees Fourty Lakhs only) in full within ten days from the receipt
of this letter failing which we shall initiate a corporate insolvency resolution process
in respect of Abuella Pvt. Ltd.

Yours sincerely,
Signature of person authorized to act on
behalf of the operational creditor
Name in block letters MR. VA. CHOWDARY
A Position with or in relation to the SELF
operational creditors
Address of person signing VA and Associates,
House No. AB, Hydel Park,
Greater Kailash,
New Delhi.

EXERCISE-II:
BEFORE THE NATIONAL COMPANY LAW TRIBUNAL,
DELHI
APPLICATION BY OPERATIONAL CREDITOR TO INITIATE
CORPORATE INSOLVENCY RESOLUTION PROCESS UNDER THE
INSOLVENCY AND BANKRUPTCY CODE, 2016.
INSOLVENCY AND BANKRUPTCY APPLICATION
NO. 234 OF 2021.
(Under section 9 of the Insolvency and Bankruptcy Code, 2016 read with Rule 6
of the Insolvency and bankruptcy (Application to Adjudicating Authority)
Rules, 2016)
Eragon Private Limited …Applicant/ Operational Creditor.
Versus
Saphira Private Limited …Respondent/ Corporate Debtor
INDEX
Sr. Annexures/ Description of Documents Pg. No.

No. Exhibits
1. Synopsis of Dates and Events
2. FORM 5:

Application for initiation of Corporate Insolvency

Resolution process by Operational Creditor under

section 9 of the Insolvency and Bankruptcy Code, 2016.


3. SCHEDULE-I

Showing the Particulars of Claim


4. Exhibit “1” The Copy of the Demand Notice u/r. 5 of the I & B 05

Code.
5. Exhibit “2” Copy of Bank Statements and Bank Certificate. 06
6. Exhibit “3” Copy of the E-mail bearing details of the Respondent 07

sent to the Applicant.


7. Exhibit “4” Copy of the E-mail sent by Respondent to the Applicant 08

stating that the Purchase Order for 20MT 2HQ was

ready.
8. Exhibit “5” The purchase order copy dated 20.01.2018 issued by the 09

Respondent herein to the Applicant.


9. Exhibit “6” Copy of the Central Excise Cum Challan No. 4564 dated 11

20.04.2019

10. Exhibit “7” Delivery Memo of the Operational Creditor for Excise 13

Invoice No. 1551.


11. Exhibit “8” Memo of ____2134_____ (Transport contractors) 15
12. Exhibit “9” The copy of the R.P.A.D. acknowledgment of the 16

Demand Notice served to the Respondents.


13. Exhibit Copy of the Board Resolution assigning authority on 17

“10” behalf of the Operational Creditor.


14. Affidavit in support of the Application in accordance 28

with the Insolvency and Bankruptcy (Application to

Adjudicating Authority) Rules, 2016.


15. Copies of Demand Draft Nos. 34 & 35 dated 24 21

December, 2019 drawn in favour of Pay and Accounts

Officer, Ministry of Corporate Affairs, Mumbai.


16. Affidavit of No Notice of Dispute. 23
17. Vakalatnama dated 24th December 2019 authorizing the 25

Advocates to accept service of process on behalf of the

Applicant / Operational Creditor.

Place: New Delhi


Date: 22nd December, 2019
Advocates for the Applicant
BEFORE THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI
INSOLVENCY AND BANKRUPTCY APPLICATION
NO 1345 OF 2019

FORM 5
(See Sub-rule (1) of rule 6)
APPLICATION BY OPERATIONAL CREDITOR TO INITIATE
CORPORATE INSOLVENCY RESOLUTION PROCESS UNDER THE CODE
(Under Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating
Authority) Rules, 2016)

Eragon Private Limited …Applicant/ Operational Creditor.


Versus
Saphira Private Limited …Respondent/ Corporate Debtor

SYNOPSIS OF DATES AND EVENTS


S No. Date Particulars
1. 20.01.2018 Contract between Eragon Pvt Ltd. and Saphira Pvt Ltd.,
wherein Eragon Pvt Ltd., was bound to supply 100 Wooden
Slippers to Saphira Pvt Ltd.
2. 20.04.2019 Invoice raised by Eragon Pvt Ltd., raised an invoice, bearing
an inovoice number of 1234 for an amount of INR 1.2
crores for supply of 100 Wooden Slippers under the
contract dt. 20.01.2018.
3. The Applicant issued a Delivery Memo which was duly
accepted by the Respondent at the time of delivery of goods
sent vide Invoice No. 1234.
4. 21.04.2019 The Transport Memo of 4321 [Transporter] showing the
delivery of goods from the Applicant herein to the
Respondent.
5. 30.05.2019 Reminder notice by Eragon Pvt Ltd. to Saphira Pvt Ltd. for
payment of the amount under the Invoice no. 123409.
6. 28.06.2019 Settlement talks between Eragon Pvt Ltd. and Saphira Pvt
Ltd. wherein, it was agreed by both the parties that Saphira
shall pay the entire amount under Invoice No. 1234 within a
period of 2 weeks.
7. 30.06.2019 Email by Saphira Pvt Ltd. confirming their understanding as
discussed in the meeting dt. 28.06.2019.
8. 27.01.2021 Demand Notice sent to Saphira Pvt Ltd. by Eragon Pvt Ltd.
BEFORE THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI
INSOLVENCY AND BANKRUPTCY APPLICATION
NO 34567 OF 2021
FORM 5
(See Sub-rule (1) of rule 6)
APPLICATION BY OPERATIONAL CREDITOR TO INITIATE
CORPORATE INSOLVENCY RESOLUTION PROCESS UNDER THE CODE
(Under rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating
Authority) Rules, 2016)
____ [Date]
To,
The National Company Law Tribunal
Office of the National Company Law Tribunal,
New Delhi

From,
VA and Associates,
Greater Kailash,
New Delhi.

In the matter of [Saphira Pvt Ltd.]

Subject: Application to initiate corporate insolvency resolution process in

respect of [Saphira Pvt Ltd] under Section 9 the Insolvency and Bankruptcy

Code, 2016.

Respected Madam/Sir,

M/s. Eragon Pvt. Ltd., the Operational Creditor, hereby submit the Application to

initiate a corporate insolvency resolution process in the case of Saphira Pvt Ltd. The

details and purpose of this Application are set out below:

PART I

PARTICULARS OF THE APPLICANT

1 NAME OF OPERATIONAL CREDITOR Eragon Pvt Ltd.


2 IDENTIFICATION NUMBER OF 123456789
OPERATIONAL CREDITOR:
3 ADDRESS FOR CORRESPONDENCE Hno. 1-2-3, Hydel Park, New
OF THE OPERATIONAL CREDITOR: Delhi.
PART II
PARTICULARS OF CORPORATE DEBTOR
1 NAME OF THE CORPORATE DEBTOR Saphire Pvt Ltd.
2 IDENTIFICATION NUMBER OF 987654321
CORPORATE DEBTOR
3 DATE OF INCORPORATION OF 23rd April 2005
CORPORATE DEBTOR:
4 NOMINAL SHARE CAPITAL AND Authorized Capital: Rs. 250
THE PAID-UP SHARE CAPITAL OF crores
THE CORPORATE DEBTOR AND/OR Paid up Capital: Rs. 175 crores
DETAILS OF GUARANTEE CLAUSE
AS PER MEMORANDUM OF
ASSOCIATION: (AS APPLICABLE)
5 ADDRESS OF THE REGISTERED Hydel Park, New Delhi.
OFFICE OF THE CORPORATE
DEBTOR:
6 NAME, ADDRESS AND AUTHORITY VA and Associates, Advocate
OF PERSON SUBMITTING of the Operational Creditor
APPLICATION ON BEHALF OF
OPERATIONAL CREDITOR:
7 NAME AND ADDRESS OF THE VA and Associates,
PERSON RESIDENT IN INDIA Advocates., Greater Kailash,
AUTHORIZED TO ACCEPT THE New Delhi.
SERVICE OF PROCESS ON ITS
BEHALF:

PART III
PARTICULARS OF THE PROPOSED INTERIM RESOLUTION PROFESSIONAL
1 NAME, ADDRESS, EMAIL ADDRESS GVK Reddy, Reg no.
AND THE REGISTRATION NUMBER 12345678, [email protected]
OF THE PROPOSED INSOLVENCY Address: Camp 14, Tadepalli,
PROFESSIONAL. Andhra Pradesh

PART IV
PARTICULARS OF OPERATIONAL DEBT
1 TOTAL AMOUNT OF DEBT, Total Amount Due:
DETAILS OF TRANSACTIONS Rs. 1,40,00,000/- (One crore Fourty
ON ACCOUNT OF WHICH Lakhs only)
DEBT FELL DUE, AND THE
DATE FROM WHICH SUCH Invoice No. 1234 dated 20.04.2019
DEBT FELL DUE amounting to Rs. 1,40,00,000/- (One
crore Fourty Lakhs only)

The date from which the debt fell


due: The said invoices fell due on the
expiry of 90 days from the date of the
invoice, effectively on the invoice
bearing No. 1234 fell due on 20th April
2019 and the invoices bearing No’s.
12345. The Applicant herein being an
Operational Creditor of the Respondent
had continuous business dealings with
the Respondent and a running account
for transactions with the Respondent.
Thus upon not receiving the payments
for the invoices due, sent the Demand
Notice on 27th January 2021.
2 AMOUNT CLAIMED TO BE IN Total Principal Amount Due Rs.
DEFAULT AND THE DATE ON 1,40,00,000/- (One crore Fourty
WHICH THE DEFAULT Lakhs only). The Particulars of Claim
OCCURRED (ATTACH THE on behalf of the Applicant herein
WORKING FOR calculating simple interest at 18% on
COMPUTATION OF AMOUNT the amount of default, form the date the
AND DATES OF DEFAULT IN debt fell due till filing this present
TABULAR FORM) Application is annexed hereto as
Schedule-I.

Invoice Invoice Due date


No. date
1234 20.04.2019 20.05.2019

PART V

PARTICULARS OF OPERATIONAL DEBT [DOCUMENTS, RECORDS AND


EVIDENCE OF DEFAULT]
1 PARTICULARS OF SECURITY HELD, IF ANY, :NA
THE DATE OF ITS CREATION, ITS The Operational Creditor does
ESTIMATED VALUE AS PER THE CREDITOR. not hold any security.
ATTACH COPY OF A CERTIFICATE OF
REGISTRATION OF CHARGE ISSUES BY THE
REGISTRAR OF COMPANIES (IF THE
CORPORATE DEBTOR IS A COMPANY)
2 DETAILS OF RESERVATION/ RETENTION OF :NA
TITLE ARRANGEMENTS (IF ANY) IN The Operational Creditor has not
RESPECT OF GOODS TO WHICH THE reserved/ retained any title in
OPERATIONAL DEBT REFERS respect to the goods to which
Operational Debt refers.
3 PARTICULARS OF AN ORDER OF A COURT, :NA
TRIBUNAL OR ARBITRAL PANEL
ADJUDICATING ON THE DEFAULT, IF ANY
(ATTACH A COPY OF THE ORDER)
4 RECORD OF DEFAULT WITH THE :NA
INFORMATION UTILITY, IF ANY (ATTACH A
COPY OF SUCH RECORD)
5 DETAILS OF SUCCESSION CERTIFICATE, OR :NA
PROBATE OF A WILL, OR LETTER OF
ADMINISTRATION, OR COURT DECREE (AS
MAY BE APPLICABLE), UNDER THE INDIAN
SUCCESSION ACT, 1925 (10 OF 1925)
(ATTACH A COPY)
6 PROVISION OF LAW, CONTRACT OR OTHER : The Indian Contract Act,
DOCUMENT UNDER WHICH OPERATIONAL 1872, Sale of Goods Act, 1930,
DEBT HAS BECOME DUE Insolvency and Bankruptcy
Contract Act, 2016 and other
relevant and applicable laws
for the time being in force.
7 A BANK CERTIFICATE OF THE BANK WHERE : Exhibit “2” to this
DEPOSITS ARE MADE OR CREDITS Application.
RECEIVED NORMALLY BY THE
OPERATIONAL CREDITOR IN RESPECT OF
THE DEBT OF THE CORPORATE DEBTOR
(ATTACH A COPY)
8. LIST OF OTHER DOCUMENTS ATTACHED TO Exhibit “2” Copy of Bank
THIS APPLICATION IN ORDER TO PROVE Statements and Bank Certificate.
THE EXISTENCE OF OPERATIONAL DEBT Exhibit “5” The purchase
AND THE AMOUNT IN DEFAULT) order copy dated 20.01.2018
issued by the Respondent herein
to the Applicant.
Exhibit “6” Copy of the
Central Excise Cum Challan No.
4564 dated
20.04.2019
Exhibit “7” Delivery Memo of
the Operational Creditor for
Excise Invoice No. 1551.
Exhibit “8” Copy of the
settlement between the
Operational Creditor and the
Corporate Debtor dt. 28.06.2019.

We, Eragon Pvt Ltd., have paid the requisite fee for this Application through Demand Drafts

No. 03 & 04 dated 28th January, 2021 drawn in favour of Pay and Account Officer, Ministry

of Corporate Affairs of Rs. Twenty Thousand Rupees only.

Yours Sincerely,
Signature of person authorized to act on
behalf of the Operational Creditor
Name in block letters ERAGON PRIVATE LIMITED

Position with or in relation to the Admin. Officer.


Operational Creditor
Address of the person signing Madhura Nagar, New Delhi.

BEFORE THE NATIONAL COMPANY LAW TRIBUNAL,


NEW DELHI.
APPLICATION BY OPERATIONAL CREDITOR TO INITIATE
CORPORATE INSOLVENCY RESOLUTION PROCESS UNDER THE
INSOLVENCY AND BANKRUPTCY CODE, 2016.
INSOLVENCY AND BANKRUPTCY APPLICATION
NO. 234 OF 2021.
Eragon Pvt Ltd.
Corporate Park,
Khirki Village, …Applicant/ Operational Creditor.
New Delhi.
Versus

Saphira Pvt Ltd.


Corporate Park,
Noida.
…Respondent/ Corporate Debtor

To,
The Registrar,
National Company Law Tribunal,
New Delhi.

VAKALATNAMA

We, Eragon Pvt Ltd the Applicant above named do hereby appoint Mr. VA

Chowdary, Advocate having his address at Greater Kailash, New Delhi to act,

appear, to accept the service of the process and pled for us in the above mentioned

matter.

In witness whereof, we have set our hands to this writing at Mumbai.

Dated this 27th day of January, 2021

Accepted
For Mr. VA Chowdary

VA and Associates, Applicant


Advocates.
Advocate for the Applicant.
Greater Kailash, New Delhi.

Saphira Pvt Ltd.,


Corporate Park,
New Delhi
…Respondent/ Corporate Debtor

AFFIDAVIT IN SUPPORT OF INITIATION OF CORPORATE INSOLVENCY


RESOLUTION PROCESS BY OPERATION CREDITOR UNDER SECTION 9
OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016.

1. The present Application has been filed under section 9 of the Insolvency and

Bankruptcy Code, 2016 for the purpose of initiating corporate insolvency resolution

process against the Respondent Company since it has lost its substratum and it is

unable to repay the outstanding amount of Rs 1,50,00,0000 (One crore fifty lakhs

only)which it, admittedly, owes to the Applicant Company herein.

2. The Applicant Company was incorporated under the name and style of Eragon

Private Limited., as on 24th April, 2005 under the Companies Act, 2013 and is inter

alia engaged in the business of manufacturing of Wooden handicrafts.

3. The Respondent Company was incorporated under the name and style of Saphira Pvt

Ltd., as on 25th March, 2000 under the Companies Act, 1956 having its registered

office at Mumbai. Annexed hereto and marked as Exhibit “15” to this Application is

the copy of the Company Master Data of the Respondent, Company.


4. BRIEF FACTS LEADING TO FILING OF PRESENT PETITION ARE AS

UNDER:

1. The Corporate Debtor had approached the Operational Creditor for supply of 100

Wooden Slippers and on 20.01.2018, a contract was entered into between the

Corporate Debtor and the Operational Creditor, wherein the Operational Creditor was

to supply 100 Wooden Slippers to the Corporate Debtor. The contract has been

annexed herewith as ‘Annexure-I’.

2. Pursuant to the contract, on 20.04.2019, the Operational Creditor raised Invoice No.

123409 for the supply of 100 Wooden Slippers. The Inovice has been annexed

herewith as ‘Annexure-II’.

3. The said 100 Wooden Slippers were sent to the Trucking Agency and the Memo

and the Invoice was raised by the Trucking Agency on 21.04.2019. The Inovice and

the memo have been annexed herewith as ‘Annexure-II’ and ‘Annexure-III’.

4. On 30.05.2019, the Operational Creditor sent a reminder notice to Saphira for

payment of the amount under the Invoice no. 123409. The said reminder notice has

been annexed herewith as ‘Annexure-IV’.

5. On 28.06.2019 a meeting was called by the Operational Creditor and the Corporate

Debtor, wherein it was agreed that the Corporate Debtor shall pay the Operational

Debtor a total amount of INR 80 lakhs in complete settlement of the amounts due

under Invoice no. 123409. The signed and verified copies of the settlement agreement

and the minutes of the meeting are attached herewith as ‘Annexure-V’ and

‘Annexure-VI’.

6. On 30.06.2019, the Corporate Debtor sent an email to Operational Creditor

confirming their understanding as discussed in the meeting on 28.06.2019.


7. On 01.07.2019, the Corporate Debtor sent 4 post-dated cheques to Eragon, two of

these cheques were post dated, which is an offence under section 138 of The

Negotiable Instruments Act, 1882.

8. Under the circumstances, the Applicant Company is entitled to a principal amount

of Rs. 80,00,000 (Eighty Lakhs only) and interest of Rs. 5,00,000 (Five Lakhs only )

as on 27th January, 2021 as per Schedule-I of the Particulars of Claim, along with

further running interest at the rate of 18% till the date of realization.

9. The registered office of the Respondent Company is situated at, New Delhi thus

this Learned Tribunal has jurisdiction to entertain, try and dispose of the present

Petition.

10. The present Application is filed through Mr. VA Reddy who has been authorised

to file Insolvency Application and do all such acts connected therewith as may be

incidental and necessary herewith. Annexed hereto and marked as Exhibit “19” to

this Application is the copy of the Board Resolution of the Applicant Company.

11. The Applicant have paid requisite fee on this Application.

12. The Applicant therefore, prays that this Learned Tribunal be pleased to:

i. Admit this Insolvency Application and Initiate Corporate Insolvency

Resolution process against the Respondent Company;

ii. Appoint an interim Resolution Professional;

iii. Cause public announcement of the initiation of corporate insolvency

process and call for the submissions of claims in accordance with the Code;

iv. any other and further relief deemed just and proper be granted in the

interest of justice;

v. to provide the cost of this Application.

Date: 27th Jaunary, 2021


Place: New Delhi

Advocate for the Applicant

VERIFICATION

I, Mr. VA Reddy the Applicant do state on verification that what is stated in

paragraph No’s. 1 to 4s are true and correct to the best of my knowledge and all

that is stated in paragraph Nos. 4t to 4z is based on information and belief and I

believe the same to be true.

Date: 27th January, 2021

Place: New Delhi Applicant


Saphira Pvt. Ltd
Hydel Park, New Delhi.

…Respondent/ Corporate Debtor

AFFIDAVIT FOR NO NOTICE DISPUTE

I, Mr. VA Reddy constituted attorney of M/s. Eragon Pvt Limited, a Private

limited Company do hereby authorize to make this Affidavit on behalf of the

Applicant Company.

1. The Applicant Company is an Operational Creditor of the Respondent,

Company named above. It is stated that the Applicant Company has served

the Demand Notice as required in the Insolvency and Bankruptcy Code,

2016 upon the Respondent and called upon it to pay the outstanding amount.

2. The said Demand Notice was served upon the Respondent Company by way

of a Registered Post A.D. on __November, 2018. The Applicant Company

has not received any Notice of Dispute form the Respondent Company

before or after the issuance of the said Notice.

Solemnly affirmed on 27th January, 2021.

Place: New Delhi

______________________
Deponent
VERIFICATION

I, Mr. VA Reddy, the constituted attorney of the Applicant do state on

verification that what is stated herein above is true and correct to the best of my

knowledge, belief and information.

Date: 27th January, 2021

Place: New Delhi Applicant

BEFORE THE NATIONAL COMPANY LAW


TRIBUNAL, MUMBAI

INSOLVENCY AND BANKRUPTCY


APPLICATION NO. ________ OF 2019.

(Under section 9 of the Insolvency and Bankruptcy Code,


2016.

Eragon Pvt Ltd. …Applicant


Versus
Saphira Pvt Ltd. …Respondent
COMPANY PETITION
Dated this 27th day of January, 2021.

VA and Associates , Advocates.


Greater Kailash, New Delhi.
Tel: 123456789
E-mail: kasljfaksjz@VA associates
BEFORE THE NATIONAL COMPANY LAW
TRIBUNAL, MUMBAI

INSOLVENCY AND BANKRUPTCY


APPLICATION NO. ________ OF 2019.

(Under section 9 of the Insolvency and Bankruptcy Code,


2016.

Eragon Pvt Ltd. …Applicant


Versus
Saphira Pvt Ltd.
…Respondent

VAKALATNAMA
th
Dated this 27 day of January, 2021.
VA and Associates , Advocates.
Greater Kailash, New Delhi.
Tel: 123456789
E-mail: kasljfaksjz@VA associates

You might also like