NCLT Aplication For Disposal of Claims

To ,

Shri Devendra Padamchand Jain

A-43. Prima Plaza, Opp. Dla School,
Badakdev, Ahmedabad- 380054 RP
Liquidator
Application For Early Disposal of Claims pending

Hon’ble sir,
Humble applicants most respectably submit as infra –
1. That there are claimants who are being represented by the undersigned applicant.
Applicant is duly authorised to do & execute needful act, deed & things for & on behalf
of claimants required for the proceedings & disposal of the instant matter, A copy of
list of claimants and authorisation letter are being annexed as P-1. Hereinafter all the
claimants will be referred to as Applicant.
2. That the applicant were the employees of the Sandya Prakash ltd. Hereinafter called
corporate debtor and had served in the company for different duration in different
capacity.
3. That due to continues, excessive/exorbitant debts and financial liabilities the financial
creditors filed CP NO.(IB) 113/7/NCLT/AHM before Hon’ble National Company Law
tribunal Ahmedabad bench.
4. That Hon’ble Tribunal vide its order dated 14.09.2017 decided the matter and appointed
your good self as interim insolvency resolution professional with certain specific
directions to cause public announcement of the initiation of corporate insolvency
resolution process and call for submission of claims under section 13(1)(b) read with
section 15 of the code and regulation 6 of insolvency and bankruptcy code of India
(insolvency resolution process for corporate persons) regulations 2016. The other
secured and unsecured creditors and operational creditors are also entitled to file their
1|Page
claims before the interim insolvency resolution professional. A copy of the order Dated
14.09.2017 is annexed fore with as annexure P-2.
5. That your good self started adopting process as directed by the Hon’ble Tribunal and
asked for submission of claim on form –D which were submitted by the applicant with
your good self within stipulated duration along with relevant documents.
6. That further applicant submitted proof of claim on prescribed formant of Form – E as

desired by the your good self.
7. That a list of stake holders has been published on official website of the company. In
which names of all claimants are reflecting.
8. That the proceedings lingering the proceedings on one pretext or the other despite the
fact that the applicant have already submitted all documents and records pertaining and
to substantiate their claims.
9. That your good self is very much aware that section 53 of The Insolvency And
bankruptcy code 2016 following provisions are laid down-
• Section 53(b)(I) – Workmen’s dues for the period of twenty four months
Preceding the liquidation commencement date
• Section 53(c) - Wages and any unpaid dues owed to employees other that
Workman for the period of twelve months preceding the
liquidation commencement date.
It is pertinent to mention that Hon’ble Authority may appreciate the ultimate &
exclusive purpose of enactment of this provision. Actually basic purpose of this
provision is to settle & disburse claims proportionately so that no claimant is deprived
from his/her claim. This provision is not meant for limitation but meant for restricting/
restraining the claim up to certain fixed duration for the sake of Justification of claim
to all claimants including financial creditors.
10. That the applicant cannot be deprived and/or discriminated from their claim as they
timely and appropriately submitted their claims and legally entitled to get the same.
2|Page
11. That your good self have asked the respondent to furnish/submit records and details
pertaining to the claimants including applicant bit respondent deliberately delaying the
same. It is evident with the fact that proceeding are pending since last about 3 years.
12. That the applicant are facing serious financial constraints and their livelihood has been
badly jeopardise , applicant are wondering here and there for the stake of justice and
incurring expenses by borrowing loans.
13. That in the interest of justice, the Applicant are entitled to get their legitimate dues, in
the absence of which applicant is suffering and will suffer huge financial as well as non
financial losses, damages and hardship.
14. That the applicant is having sufficient proof and evidence to establish and substantiates
their legitimate dues. Applicants have also & already filed the same before your good
self. Even applicants are having orders for the payment of gratuity duly passed by the
controlling authority under payment of gratuity act. Legally such decree passed by
court/controlling authority should be settled and disbursed on top priority.
PRAYER
In the interest of Justice, Kindly expedite disposal of claims of Applicants so that the
application and their family can live normal life and survive in the society.
3|Page

NCLT Aplication For Disposal of Claims

Uploaded by

Copyright:

Available Formats

NCLT Aplication For Disposal of Claims

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

NCLT Aplication For Disposal of Claims

Uploaded by

Copyright:

Available Formats

To ,

Shri Devendra Padamchand Jain

Application For Early Disposal of Claims pending

Humble applicants most respectably submit as infra –

6. That further applicant submitted proof of claim on prescribed formant of Form – E as

You might also like