BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL
MUMBAI BENCH, BENCH- IV
IA No……..of 2023
(Under section 60(5) of the Insolvency and Bankruptcy Code, 2016)
COMPANY PETITION NO: IB-CP (IB) No. 1170/MB-IV/2021
(Under section 7 of the Insolvency and Bankruptcy Code, 2016)
IN THE MATTER OF:
LIV Smart Welfare Association ………APPLICANT
V/s
D.K. Realty (India) Private Limited
………RESPONDENT/CORPORATE DEBTOR
AND IN THE MATTER OF:
AAA Insolvency Professionals LLP
(Represented through Mr. Anil Goel, Authorised Partner of AAA Insolvency
Professionals LLP)
……RESOLUTION PROFESSIONAL
To, Date: 04.02.2023
The Registrar,
National Company Law Tribunal
Mumbai
Madam/Sir
Be pleased to take on record my accompanying Interlocutory application
under section 60(5) of the Insolvency and Bankruptcy Code, 2016 before
the Hon’ble Adjudicating Authority for taking on record the reconstitution
of Committee of Creditors under regulation 17(1) and the updated list of
Creditors under Regulation 13(2)(d) of the Insolvency and Bankruptcy
Board of India (Insolvency Regulation process for Corporate Persons)
Regulations, 2016 along with the necessary annexures.
Yours faithfully,
_____
Advocate for Resolution Professional
BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL
MUMBAI BENCH, BENCH- IV
IA No……..of 2023
(Under section 60(5) of the Insolvency and Bankruptcy Code, 2016)
COMPANY PETITION NO: IB-CP (IB) No. 1170/MB-IV/2021
(Under section 7 of the Insolvency and Bankruptcy Code, 2016)
IN THE MATTER OF:
LIV Smart Welfare Association ………APPLICANT
V/s
D.K. Realty (India) Private Limited
………RESPONDENT/CORPORATE DEBTOR
AND IN THE MATTER OF:
AAA Insolvency Professionals LLP
(Represented through Mr. Anil Goel, Authorised Partner of AAA Insolvency
Professionals LLP)
……RESOLUTION PROFESSIONAL
INDEX
Sl. NO PARTICULARS ANNEXURE NO. PAGE NO.
1. Synopsis
2. List of Dates and Events
3. Memo
4. A report in the form of IA reconstituting
Committee of Creditors and submitting
updated list of Creditors in the matter of D. K.
Realty (India) Private Limited
5. Affidavit
6. Copy of Hon’ble NCLT Order dated
15.11.2022 (Order received on 16.11.2022)
for commencement of CIRP and appointment
of IRP.
7. Copy of Public Announcement
8. Updated list of claims of Financial Creditors
in a class received after filing report on
Constitution of CoC before Hon’ble NCLT.
9. List of claims of Operational Creditors
received after filing list of Creditors before
Hon’ble NCLT.
6 Vakalatnama ANNEXURE E
BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL
MUMBAI BENCH, BENCH- IV
IA No……../2023
COMPANY PETITION NO: IB-CP (IB) No. 1170/MB-IV/2021
IN THE MATTER OF:
LIV Smart Welfare Association ………APPLICANT
V/s
D.K. Realty (India) Private Limited
………RESPONDENT/CORPORATE DEBTOR
AND IN THE MATTER OF:
M/s AAA Insolvency Professionals LLP
(Mr. Anil Goel, Authorised Partner of AAA Insolvency Professionals
LLP)
……RESOLUTION PROFESSIONAL
SYNOPSIS
1. That the Corporate Debtor was admitted into Corporate
Insolvency Resolution Process vide the Order of Hon’ble NCLT
dated 15.11.2022.(received by the appointed IRP on 16.11.2023)
That vide same order Mr. Nitin Jain was appointed as Interim
Resolution Professional. That in the first CoC meeting dated
12.12.2022 undersigned was appointed as Resolution
Professional and the same has been confirmed vide Hon’ble
NCLT order dated 05.01.2023. Ann
2. That the IRP published Form A on 18.11.2022. Keeping
29.11.2022 as the last date for submission of claim. On
receiving the claims, the IRP preferred filing an application on
07.12.2022 for taking on record the Constitution of Committee
of Creditors.
3. That the applicants has received further claims after 29.11.2022
which was the last date for submission of claims as per form A
published. Therefore, the undersigned in it’s capacity as
Resolution Professional has preferred the present application for
taking on record the Reconstitution of CoC and the updated list
of Creditors.
BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL
MUMBAI BENCH, BENCH- IV
IA No……../2023
COMPANY PETITION NO: IB-CP (IB) No. 1170/MB-IV/2021
IN THE MATTER OF:
LIV Smart Welfare Association ………APPLICANT
V/s
D.K. Realty (India) Private Limited
………RESPONDENT/CORPORATE DEBTOR
AND IN THE MATTER OF:
M/s AAA Insolvency Professionals LLP
(Mr. Anil Goel, Authorised Partner of AAA Insolvency Professionals
LLP)
……RESOLUTION PROFESSIONAL
DATES AND EVENTS
Sl. No. Dates Events
1. 15.11.2022 Order admitting the Corporate Debtor in to CIRP
2. 16.11.2022 Receipt of Order dt. 15.11.2022 by the IRP
3. 18.11.2022 Publication of Form A
4. 29.11.2022 Last date for submission of Claim
5. 7.12.2022 Filed report on Constitution of CoC and list of
Creditors
6. 12.12.2022 Convened First CoC meeting and confirmed
appointment of undersigned as Resolution
Professional (RP)
7. 05.01.2023 Convened Second CoC meeting and also placed
order of Hon’ble NCLT dated 05.01.2023
confirming appointment of undersigned as RP
8. 04.02.2023 Present IA taking on record the reconstitution of
CoC and updated list of Creditors.
BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL
MUMBAI BENCH, BENCH- IV
IA No……../2023
COMPANY PETITION NO: IB-CP (IB) No. 1170/MB-IV/2021
IN THE MATTER OF:
LIV Smart Welfare Association ………APPLICANT
V/s
D.K. Realty (India) Private Limited
………RESPONDENT/CORPORATE DEBTOR
AND IN THE MATTER OF:
M/s AAA Insolvency Professionals LLP
(Mr. Anil Goel, Authorised Partner of AAA Insolvency Professionals
LLP)
……RESOLUTION PROFESSIONAL
MEMO
M/s. AAA INSOLVENCY PROFESSIONALS LLP
(APPLICANT/RESOLUTION PROFESSIONAL)
E-10A, Lower Ground Floor, Kailash Colony, New Delhi - 110048
(Represented through Mr. Anil Goel Authorised Partner of M/s AAA Insolvency
Professionals LLP)
BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL
MUMBAI BENCH, BENCH- IV
IA No……../2023
COMPANY PETITION NO: IB-CP (IB) No. 1170/MB-IV/2021
IN THE MATTER OF:
LIV Smart Welfare Association ………APPLICANT
V/s
D.K. Realty (India) Private Limited
………RESPONDENT/CORPORATE DEBTOR
AND IN THE MATTER OF:
M/s AAA Insolvency Professionals LLP
(Mr. Anil Goel, Authorised Partner of AAA Insolvency Professionals
LLP)
……RESOLUTION PROFESSIONAL
Report certifying re-constituting Committee of Creditors under Regulation
17(1) and list of creditors under regulation 13(2)(d) of the Insolvency and
Bankruptcy Board of India (Insolvency Resolution Process for Corporate
Persons) Regulations, 2016:
1. That an Application under Section 7 of the Code read with Rule 4 of the
Insolvency and Bankruptcy Board of India (Application to Adjudicating
Authority) Rules, 2016 was filed by LIV smart Welfare Association
(hereinafter referred to as the “Financial Creditor”) against the Corporate
Debtor before this Hon’ble Tribunal.
2. That the Corporate Insolvency Resolution Process (hereinafter referred to
as the “CIRP”) of the Corporate Debtor was initiated by this Hon’ble
Tribunal vide its Order dated November 15, 2022. That vide the same
order, Mr. Nitin Jain was appointed as the Interim Resolution Professional
(hereinafter referred to as the “IRP”) of the Corporate Debtor. Copy of the
order dated November 15, 2022 is annexed herewith and marked as
Annexure A
3. It is submitted that in the first CoC meeting dated December 12, 2022, the
resolution proposing appointment of IPE AAA Insolvency Professionals
LLP bearing registration No. IBBI/IPE-0002/IPA-1/2022-23/50001 as
Resolution Professional was passed with 100% voting as per section 22(2)
of the Code. Accordingly IRP Nitin Jain handed over all the records to Mr.
Anil Goel, authorised partner of appointed RP M/s AAA Insolvency
Professionals LLP. The order pertaining appointment of M/s AAA
Insolvency Professionals LLP as RP is placed as Annexure B
4. It is submitted that claim of APRN Enterprise Private Limited has been
admitted and made part of CoC. Accordingly, in compliance with
Regulation 17(1) of the Insolvency and Bankruptcy Board of India
(Insolvency Resolution Process of Corporate Persons) Regulation 2016
(hereinafter referred as “CIRP Regulations”) a report certifying the
constitution of committee of creditors along with the list of financial
creditors are enclosed as per Annexure C in quadruplicate.
5. It is submitted that RP is still receiving the claims of FC in a class
Accordingly, in compliance with Regulation 17(1) of the Insolvency and
Bankruptcy Board of India (Insolvency Resolution Process of Corporate
Persons) Regulation 2016 (hereinafter referred as “CIRP Regulations”) a
report certifying the constitution of committee of creditors along with the
list of financial creditors in a class are enclosed as per Annexure C in
quadruplicate.
6. In compliance with Section 21 (1) of the Code read with Regulation 17 (1),
the undersigned Resolution Professional certifies the constitution of
committee of creditors (hereinafter referred to as the “CoC”)
M/s AAA Insolvency Professionals LLP
IBBI/IPE-0002/IPA-1/2022-
23/50001
Resolution Professional
Through,
Mr. Anil Goel
Authorised Partner of AAA Insolvency Professionals LLP
Date: 04.02.2023
Place: Delhi
BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL
MUMBAI BENCH, BENCH- IV
COMPANY PETITION NO: IB-CP (IB) No. 1170/MB-IV/2021
IN THE MATTER OF:
LIV Smart Welfare Association ………APPLICANT
V/s
D.K. Realty (India) Private Limited
………RESPONDENT/CORPORATE DEBTOR
AND IN THE MATTER OF:
AAA Insolvency Professionals LLP
(Mr. Anil Goel, Authorised Partner of AAA Insolvency Professionals
LLP)
…… RESOLUTION PROFESSIONAL
AFFIDAVIT
I, Anil Goel authorised partner of M/s AAA Insolvency Professionals LLP, aged
about 62 years, having office at E-10A, LGF, Kailash Colony, New Delhi –
110048, do solemnly affirm and say as follows:
1. That I am the authorised partner of Resolution Professional i.e. M/s AAA
Insolvency Professionals LLP appointed in the matter of D.K. Realty
(India) Private Limited. Whereby, I was inter-alia directed to take all
necessary actions under the provisions of the Insolvency and Bankruptcy
Code, 2016.
2. In compliance with the provisions of the Insolvency and Bankruptcy Code,
2016 read with Regulation 17(1) of the Insolvency and Bankruptcy Board
of India (Insolvency resolution Process for Corporate Person) Regulations,
2016 in the captioned matter I am enclosing a report on the re-constitution
of Committee of Creditors as on 04-02-2023.
3. That the facts stated and documents filed are duly verified by me and are
true to the best of my knowledge.
DEPONENT
VERIFICATION:
I, Anil Goel authorised partner of M/s AAA Insolvency Professionals LLP, aged
about 62 years having office at E-10A, LGF, Kailash Colony, New Delhi –
110048, do hereby solemnly affirm and say that the contents of the accompanying
affidavit are true and correct to the best of my knowledge and as per the records
and nothing material has been concealed therefrom.
DEPONENT
