IBC Assignment 3
IBC Assignment 3
IBC Assignment 3
FORM 3
[Refer clause (a) of sub-rule (1) of rule 5]
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,
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.
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.
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:
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
ready.
8. Exhibit “5” The purchase order copy dated 20.01.2018 issued by the 09
20.04.2019
10. Exhibit “7” Delivery Memo of the Operational Creditor for Excise 13
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)
From,
VA and Associates,
Greater Kailash,
New Delhi.
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
PART I
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)
PART V
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
Yours Sincerely,
Signature of person authorized to act on
behalf of the Operational Creditor
Name in block letters ERAGON PRIVATE LIMITED
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.
Accepted
For Mr. VA Chowdary
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
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
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
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
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
payment of the amount under the Invoice no. 123409. The said reminder notice has
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’.
these cheques were post dated, which is an offence under section 138 of The
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.
12. The Applicant therefore, prays that this Learned Tribunal be pleased to:
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;
VERIFICATION
paragraph No’s. 1 to 4s are true and correct to the best of my knowledge and all
Applicant Company.
Company named above. It is stated that the Applicant Company has served
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
has not received any Notice of Dispute form the Respondent Company
______________________
Deponent
VERIFICATION
verification that what is stated herein above is true and correct to the best of my
VAKALATNAMA
th
Dated this 27 day of January, 2021.
VA and Associates , Advocates.
Greater Kailash, New Delhi.
Tel: 123456789
E-mail: kasljfaksjz@VA associates