Amrapali Silicon City Flat Owners' Welfare Society

AMRAPALI SILICON CITY PVT. LTD. – CLAIM FORM-GUIDELINES –CUM-CHECKLIST

 

GUIDELINES:-

 

1. Appointment of Interim Resolution Professional :-

   1. The National Company Law Tribunal (“NCLT”) vide its order dated September 4, 2017 has admitted the Insolvency Application preferred by the Bank of Baroda (“BoB”) against Amrapali Silicon City Pvt. Ltd (“Silicon City”) under the provisions of Insolvency & Bankruptcy Code, 2016 (Insolvency Code”). Consequently, insolvency proceedings commenced against Silicon City on September 4, 2017.
       

   2. Pursuant to the aforementioned order, the IRP has made a public announcement on September 7, 2017 vide which the buyers are required to lodge their claims by filing of respective forms with the IRP by or before September 19, 2017, which is the last date for submissions of claim.
       

2. Claim Form:-

   1. The Insolvency Code is silent on the requirement of the type of form to be filed by the buyers. As such, Form –C (claims by Financial Creditors) will be filed under Regulation 8 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.
       

   2. The forms need to be filled and submitted by all the buyers including the ones who have got possession of their flats without registration/OC
      .

   3. The claim form will be supported by an affidavit of the buyer. Further, in the event, the property has been purchased in the joint name of two Applicants, each of the Applicants would have to sign on the claim form and the affidavits enclosed with the claim form.
       

   4. A duly filled form- c and affidavit in support is enclosed with the present Guidelines- cum-checklist documents, for kind perusal and ready reference.
       

   5. In column no.4 of the form, buyers who have filed a case against Amrapali Silicon City Pvt. Ltd. before the Consumer Forum is required to fill in the details of the case and also set out the amount’s claimed in the Complaint.

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CHECKLIST:-

 

1. The  copy of the following documents will have to be filed in supported of the claim form:-

 

• Pan/Adhaar card of the Creditor(s);

• Provisional Allotment Letter;

• Flat Buyers Agreement;

• Statement of Accounts issued by Silicon City;

• Interest certificate(s) issued by the bank (Axis, BoB etc.,a s the case may be);

• Form C

• Affidavit of the Creditor (s)

• List of enclosures (For ease of reference, a sample of the list is enclosed)
   

 

NEXT STEPS:-

 

• Clasis Law (engaged to assist the Creditors/buyers in submission of the claim forms) will be organizing  a camp at Club House, Amrapali Princeley Estate (adjacent to Silicon City), Sector -76, Noida on September 15 & 16, 2017 (Friday and Saturday) from 11 am to 6 pm.

 

• All the interested buyers/Creditors are welcome to come along with the duly filled form and affidavit including the self-attested copy of the documents, as mentioned above and as per the list of enclosures.

 

• Clasis Law has arranged for a Notary who would be available at the aforementioned address on the required dates to notarize the affidavits.

 

• The affidavit will be on the stamp paper of INR 20. The creditors/buyers are requested to purchase the stamp paper and take a print of the contents of the affidavit on the same.

 

• The Deponent (who will be signing the affidavit) will have to be present in person before the Notary.

 

• The Creditors/buyers based overseas can email their respective duly filled forms including affidavits and the supporting documents on Shwetabh.sinha@clasislaw.com. The law firm will review the documents in order to assess whether are same are in order and will confirm by way of return email accordingly. Thereafter, they may either email their claim form including the documents to the IRP or courier it as well.

 

• The Creditors/buyers based overseas will have to notarize and Apostille their respective affidavits. The process of Apostille varies from country to country. As such, they are requested to check with the local authority about the time frame in getting the documents Apostilled.

 

• The buyers based overseas can either email the scanned copy of the documents to the IRP at inascplip@deloitte.com and/or courier the documents to the IRP at the address mentioned in the Public Notice. Alternatively, they can courier the documents to Clasis Law at the below mentioned address for the purposes of filing:-

​Dr Gopaldas Bhawan, 14th Floor,

28, Barakhamba Road,

New Delhi – 110 001

Ph No. – 011 4213 0000​