Dear Sir/Ma/am,
Greetings from MyAdvo.in!
Did you know that The National Company Law Tribunal (NCLT) classified Jaypee Infratech as insolvent on August 10, 2017?
In what can be considered as a huge setback to homebuyers of Jaypee group, the Allahabad bench of the National Company Law Tribunal on Wednesday declared Jaypee Infratech as an insolvent company.
Homebuyers are now unsure whether they will be able to possess their homes for which they have been waiting for years and have invested their life-long earnings.
The NCLT appointed an insolvency professional, declaring Jaypee as an insolvent company. It has given 2 weeks time to the thousands of buyers who have invested in Jaypee projects to file claims for their plots, flats, etc.
Firstly, it does not matter whether you are original or subsequent allottee, you can file your claim.
In reference to the admission order dated 09.08.2017 passed by the NCLT, Allahabad, against Jaypee Infratech Ltd. In terms of the said order an Interim Resolution Professional(IRP), i.e. Mr. Anuj Jain has been appointed, who in terms of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 has to make a public announcement inviting claims of creditors of the Debtor Company in an English newspaper and the website of the Debtor Company within a stipulated time period, which now has been made and last date of Submission of Claims is 24th Of August 2017.
Upon knowledge of the above, as home buyers/alleged creditors of the Debtor Company we are required to submit our claim along with relevant documents substantiating our case to the designated IRP within the time-frame prescribed(24th August 2017). It is pertinent to note that we have to file the same under FORM F.
Insolvency and Bankruptcy Board of India
PRESS RELEASE
16th August, 2017
Sub: Provision of a Form for Submission of Claims by Creditors other than Financial Creditors and Operational Creditors of the Corporate Debtor under Corporate Insolvency Resolution Process.
Section 18 (1) of the Insolvency and Bankruptcy Code, 2016 (Code), inter alia, provides that
an interim resolution professional shall “collect all information relating to the assets, finances
and operations of the corporate debtor for determining the financial position of the corporate
debtor …” and “receive and collate all the claims submitted by creditors to him, pursuant to
the public announcement made under sections 13 and 15”. These provisions envisage
submission and collation of all claims from all creditors. All creditors, including operational
creditors and financial creditors, need to submit claims to the interim resolution professional.
2. The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for
Corporate Persons) Regulations, 2016, and the Insolvency and Bankruptcy Board of India (Fast
Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017 provide for
Forms for submission of claims by operational creditors (including workmen and employees),
and financial creditors. There could be claims from a creditor who is not a financial creditor or
an operational creditor and it needs a specific form for submitting its claim. The Insolvency
and Bankruptcy Board of India has amended these regulations today to provide for a form
(Form F) for submission of claims by creditors other than financial and operational creditors.
3. The amendments are available at www.mca.gov.in and www.ibbi.gov.in.
Further, submission of claim in any way will not jeopardize your claim to your getting the possession to your house/flat. This claim is just for the information of the IRP that you have a claim against the Corporate Debtor(Jaypee Infratech Ltd.) which will need to be honored in case the most adverse situation arises.
The documents required from you would be:-
1. Provisional Allotment Letter (PAL)
2. Statement Of Account (in case Statement Of Account not available then all payment receipts)
3. Any buyer who has already approached any court, tribunal or commission against Jaypee, can annex the case documents as a proof of liquidating the claim.
4. Any correspondence with Jaypee (either via email or post) may also be a relevant document to be submitted with claim. Therefore, feel free to approach us for any clarity on such documents.
5. Copy of Pan Card, Adhaar Card or Passport.(Self Attested)
6. Copy of the Home Loan Documents, if any.
KINDLY FILL THESE DETAILS AND SHARE WITH US OVER THE MAIL.
| Details Required |
| Name of Creditor | |
| Identification Number of Creditor | |
| Address and Email Address of Creditor for Correspondence | |
| Details of the Bank Account to which the amount of the claim or any part thereof can be transferred pursuant to a resolution plan | |
There will be certain documents for which we will assist you, such as:-
1. Completing - Form F
2. Affidavit with stamp paper/notarized (which is required with Form F)
Guidelines to prepare Affidavit for Members residing in other countries:
• Affidavit must be printed on standard A4 /Legal size paper.;
• Members should get the affidavit attested by oath commissioner/public notary in the country of their residence or ;
• Members needs to sign wherever ‘DEPONENT’ is mentioned.
3. Guiding you to raise your claim against Jaypee Associates.
Further, please note that since the resolution under the Insolvency and Bankruptcy Code has been moved against Jaypee Infratech Ltd. at the moment, this will not stop the proceedings against the Jaypee Associate Limited (which is also a party in your Provisional Allotment Letter). All the matters which are presently pending before the National Consumer Dispute Redressal Commission may be suggested to move ahead against Jaypee Associates Ltd.
It is important to understand that Jaypee Associates is jointly and severally liable.
Please find below attached the FORM F in which ONLY the affidavit has to be duly filled and sent to us a the following address or mailed to navdeep@myadvo.in
MyAdvo.in
Contact No. - 9811782517
Address: C 1-2771 C, Next To Paras Hospital,
Sushant Lok Phase I,
Gurugram, Haryana 122009
NOTE:
Please note that we would need the complete set of documents along with the affidavit in FORM F as mentioned .
Charges for filing the claim is : INR 5,000/- (+ GST )
Kindly Note the Bank account details where the transaction has to be made:
Account Name: MyAdvo Techserve Pvt Ltd
Bank Name : Yes Bank
Account No : 016163700000973
Branch : Unitech Trade Centre, Gurgaon- 122001
IFSC Code : YESB0000161
Amount : 5,900/-
Looking forward to serve you well and help in getting justice.
Thanks!
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