Claims before Interim Resolution Professional

FORM B

 

Proof Of Claim By Operational Creditors Except Workmen And Employees

 

(Under Regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)

 

[Date]

To

The Interim Resolution Professional / Resolution Professional

[Name of the Insolvency Resolution Professional / Resolution Professional]

[Address as set out in public announcement]

 

From

Operational Creditor

 

Subject: Submission of proof of claim.

 

Madam/Sir,

 

(Name of the Operational Creditor) hereby submits this proof of claim in respect of the corporate insolvency resolution process in the case of [name of corporate debtor]. The details for the same are set out below:

 

Particulars
1.	Name of operational creditor
2.	Identification number of operational creditor   (If an incorporated body provide identification number and proof of incorporation. If a partnership or individual provide identification records* of all the partners or the individual)
3.	Address and email address of operational creditor for correspondence
4.	Total amount of claim   (Including any interest as at the insolvency commencement date)
5.	Details of documents by reference to which the debt can be substantiated.	P.O, INVOICE, L/R COPY, LEDGER State here complete details of Invoices, like Invoice No., date, Amount.
6.	Details of any dispute as well as the record of pendency or order of suit or arbitration proceedings
7.	Details of how and when debt incurred	Like for example, Goods Sold and Delivered  (According to Invoices as above)
8.	Details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the creditor which may be set-off against the claim
9.	DETAILS OF: a.    any security held, the value of security and its date, or   b.    any retention of title arrangement in respect of goods or properties to which the claim refers
10.	Details of the bank account to which the amount of the claim or any part thereof can be transferred pursuant to a resolution plan
11.	List of documents attached to this proof of claim in order to prove the existence and non-payment of claim due to the operational creditor	1.   P.O, 2.   INVOICE, 3.   L/R COPY, 4.   LEDGER 5.   Particulars of Claim 6.   Vakalatnama   (Give Exhibit Number like Exhibit “A”, “B” “C” “D” to each document, paginate each page, and specify Page number to respective document hereinabove in this list of documents) Annex xerox copies only. Retain originals with you.
Signature of operational creditor or person authorised to act on his behalf [Please enclose the authority if this is being submitted on behalf of an operational creditor]
Name in BLOCK LETTERS
Position with or in relation to c
Address of person signing

 

*PAN number, passport, AADHAAR Card or the identity card issued by the Election Commission of India

 

DECLARATION

I, _________, currently residing at __________________, hereby declare and state as follows:-

1.   _______________, the corporate debtor was, at the insolvency commencement date, being the…………..day of………………20….., actually indebted to me in the sum of Rs.__________/-.

 

2.   In respect of my claim of the said sum or any part thereof, I have relied on the documents specified below: [Please list the documents relied on as evidence of claim].

 

3.   The said documents are true, valid and genuine to the best of my knowledge, information and belief and no material facts have been concealed therefrom.

 

4.   In respect of the said sum or any part thereof, neither I nor any person, by my order, to my knowledge or belief, for my use, had or received any manner of satisfaction or security whatsoever, save and except the following:

[Please state details of any mutual credit, mutual debts, or other mutual dealings between the corporate debtor and the creditor which may be set-off against the claim].

Date:

Place:

(Signature of the claimant)

 

VERIFICATION

 

I, ______________, the claimant hereinabove, do hereby verify that the contents of this proof of claim are true and correct to my knowledge and belief and no material fact has been concealed therefrom.

 

Verified at … on this …… day of ………., 20…

(Signature of the claimant)

 

[Note: In the case of company or limited liability partnership, the declaration and verification shall be made by the director/manager/secretary and in the case of other entities, an officer authorised for the purpose by the entity].

 

The covering letter / Email shall state as below -

 

Dear Sir,

Under instructions from my Clients ........., I herewith Lodge Claim in Form B against Corporate Debtor namely ....... (Please make one PDF file for Form B and supporting documents, duly paginated)

 

That, notwithstanding the lodging of above Claims, the concerned debts shall always be duly reflecting in the books of Corporate Debtor, and these debts are "relevant Information" within the meaning of Section 29 of IBC, 2016, and shall have reflected in your Information Memorandum, as contemplated u/s 29 of IBC 2016.

https://www.litigationplatform.com/