FORM 1
(see sub-rule (1) of rule 4)
APPLICATION
BY
FINANCIAL
CREDITOR(S)
TO INITIATE
CORPORATE INSOLVENCY RESOLUTION PROCESS UNDER CHAPTER II OF PART II/
UNDER CHAPTER IV OF PART II OF THE CODE
(Under
Section 7
of the
Insolvency and Bankruptcy Code, 2016 read with Rule 4 of the Insolvency and Bankruptcy
(Application to Adjudicating
Authority) Rules, 2016)
To, Date: 20.08.2024
The National Company Law
Tribunal
Kolkata
Bench,
Kolkata: 700 001.
From,
Abstract
Logistix Pvt. Ltd.
having its office at AD-160, Ground Floor,
Sector - I, Salt Lake City, Kolkata - 700 064.
Or 48A, Syed Amir Ali Avenue, Kolkata-700017.
TP No. 128 of 2024
In the matter of: Nuddea Plantations Limited
having its Registered office at Totapara, Tea Estate, Banarhat, Jalpaiguri, West Bengal, Pin - 735202.
Subject: Application to initiate corporate insolvency resolution process
in respect of
Nuddea
Plantations Limited under the Insolvency and Bankruptcy Code, 2016.
Madam/Sir,
We, Abstract Logistix Pvt. Ltd. hereby submit this application to initiate a corporate insolvency resolution
process in the
matter of Nuddea Plantations Limited. The
details for the purpose of this application are set out below:-
PART-I
|
PARTICULARS OF APPLICANT |
||
|
1. |
NAME
OF FINANCIAL
CREDITORS |
Abstract
Logistix Pvt. Ltd. Having its office at |
|
2. |
DATE OF
INCORPORATION
OF FINANCIAL CREDITOR |
U92300WB2007PTC17314 |
|
3. |
IDENTIFICATION
NUMBER OF FINANCIAL CREDITORS |
Having
GST No. 19AAGCA4327D2ZW |
|
4. |
ADDRESS
OF
THE
REGISTERED OFFICE
OF THE FINANCIAL CREDITOR |
AD-160,
Ground Floor, Sector -
I, Salt
Lake City,
Kolkata
-
700
064. Or 48A,
Syed Syed
Amir Ali
Avenue, Kolkata-700017 |
|
5. |
NAME AND ADDRESS OF THE PERSON AUTHORISED TO SUBMIT APPLICATION ON ITS BEHALF (ENCLOSE AUTHORISATION) |
Sudip
Saha being Director of the Financial Creditor having Office at AD-160, Ground Floor, Sector - I, Salt Lake City, Kolkata - 700 064. Or 48A, Syed Syed Amir Ali Avenue, Kolkata-700017 |
|
6. |
NAME
AND ADDRESS OF PERSON RESIDENT IN INDIA
AUTHORISED TO ACCEPT THE SERVICE OF PROCESS ON ITS BEHALF (ECNLOSE AUTHORISATION) |
Sudip
Saha having Office at AD-160,
Ground Floor, Sector -
I, Salt
Lake City,
Kolkata
-
700
064. Or 48A,
Syed Syed
Amir Ali
Avenue, Kolkata-700017 |
.
Part-II
|
PARTICULARS
OF THE CORPORATE DEBTOR |
||
|
1. |
NAME OF
THE CORPORATE DEBTOR |
NUDDEA PLANTATIONS
LTD. Registered office at Totapara Tea Estate, Banarhat, Jalpaiguri, West Bengal, Pin-735202. |
|
2. |
IDENTIFICATION
NUMBER OF CORPORATE DEBTOR |
U74999WB1918PLC000633 |
|
3. |
DATE OF INCORPORATION OF CORPORATE DEBTOR |
30.09.1918 |
|
4. |
NOMINAL
SHARE CAPITAL AND
THE PAID-UP
SHARE CAPITAL
OF THE CORPORATE DEBTOR AND/OR
DETAILS OF GUARANTEE CLAUSE AS PER -MEMORANDUM OF ASSOCIATION (AS
APPLICABLE) |
Rs.
35,00,000/- Rs. 25,00,000/- |
|
5. |
ADDRESS OF THE REGISTERED
OFFICE OF THE CORPORATE DEBTOR |
Totapara
Tea Estate, Banarhat, Jalpaiguri, West Bengal, Pin- 735202 |
|
6. |
DETAILS OF THE CORPORATE DEBTOR AS PER THE NOTIFICATION UNDER
SECTION 55 (2) OF THE CODE – (i)
ASSETS AND INCOME (ii)
CLASS OF CREDITORS OR AMOUNT OF DEBT (iii)
CATEGORY OF CORPORATE PERSON (WHERE APPLICATION IS UNDER CHAPTER IV OF
PART II OF THE CODE) |
It’s
a Tea
Company Dealing in
business
of Tea gardens, manufacturing and trading of Ready Tea etc. it’s a limited company. Tea Garden and Tea Factory of Banarhat, District Jalpaiguri, W.B. Income
not known. Financial
Creditor, amount of debt Rs.55,58,356.16 |
Part-III
|
PARTICULARS
OF
THE
PROPOSED INTERIM RESOLUTION PROFESSIONAL |
||
|
1. |
NAME, ADDRESS, EMAIL ADDRESS AND THE REGISTRATION
NUMBER OF THE PROPOSED INTERIM RESOLUTION PROFESSIONAL |
|
Part-IV
|
PARTICULARS
OF FINANCIAL DEBT |
||
|
1. |
TOTAL AMOUNT OF DEBT GRANTED DATE(S) OF DISBURSEMENT |
Rs. 35,211.66
as
on 31.03.2013 pursuant
to letter of confirmation |
|
2. |
AMOUNT
CLAIMED TO BE IN
DEFAULT
AND THE DATE ON
WHICH THE DEFAULT OCCURRED (ATTACH THE WORKINGS FOR COMPUTATION OF AMOUNT AND
DAYS OF DEFAULT IN
TABULAR
FORM) |
Rs.40,00,000/- As
on 25.04.2014
thereafter interest earned on recurring basis which is calculated @ 18% P.A. on Principal till 25.06.2016 Rs.55,58,356.16 _________________________ Total Rs. 55,58,356.16 As on
25.06.2016 Working
for computation of Amount of Dues as in Annexure "A" Page |
PART V
PARTICULARS
OF FINACIAL DEBT [DOCUMENTS, RECORDS AND EVIDENCE
OF DEFAULT]
|
1. |
PARTICULARS
OF
SECURITY
HELD,
IF ANY, THE DATE OF ITS CREATION, ITS ESTIMATED VALUE AS PER THE
CREDITOR ATTACH A COPY OF A CERTIFICATE OF REGISTRATION OF CHARGE ISSUED BY THE REGISTRAR OF COMPANIES (IF THE CORPORATE DEBTOR IS A COMPANY) NIL |
|
2. |
PARTICULARS
OF AN ORDER OF A COURT, TRIBUNAL OR ARBITRAL PANEL ADJUDICATING ON THE
DEFAULT,
IF ANY (ATTACH A COPY OF THE ORDER) NIL |
|
3. |
RECORDS
OF
DEFAULT
WITH THE INFORMATION UTILITY, IF ANY (ATTACH A COPY OF SUCH RECORD) NOT
APPLICABLE |
|
4. |
DETAILS
OF SUCCESSION CERTIFICATE, OR PROBATE OF A WILL, OR LETTER OF ADMINISTRATION, OR COURT DECREE (AS MAY BE
APPLICABLE), UNDER THE INDIAN SUCCESSION ACT, 1925 (10 OF 1925) (ATTACH A COPY) NOT
APPLICABLE |
|
5. |
THE
LATEST AND COMPLETE COPY
OF THE FINANCIAL CONTRACT REFLECTING ALL AMENDMENTS AND
WAIVERS TO DATE (ATTACH A COPY) (i)
Letter dt. September 11, 2009 (ii)
Letter dt. September 11, 2009 (iii)
Letter dt. November 14, 2009 (iv)
Letter dt. January 5, 2010 (v)
Letter dt. March 31, 2013 (vi)
Letter dated 11th September 2003 (vii)
Cheque dt. April 25, 2014 but returned. (viii)
Letter dt. March 09, 2016 (ix)
E-mail dt. October 13, 2014. |
|
6. |
A
RECORD
OF DEFAULT
AS
AVAILABLE
WITH ANY CREDIT INFORMATION
COMPANY (ATTACH
A COPY) NOT
APPLICABLE |
|
7. |
COPIES
OF ENTRIES
IN A BANKERS BOOK IN ACCORDANCE WITH THE BANKERS
BOOKS EVIDENCE ACT, 1891 (18 OF 1891) (ATTACH A
COPY) |
|
8. |
LIST OF OTHER DOCUMENTS ATTACHED TO THIS APPLICATION IN ORDER TO PROVE THE EXISTENCE OF FINANCIAL DEBT,
THE AMOUNT AND DATE OF DEFAULT. (i)
Copy of the Petition with all Annexure Statutory Notice dt. 16.5.2016 and the copies of the said Track report. Copy of the affidavit Verifying Petition (ii)
Copy of the Affidavit of Competency on this 1st day
of July 2016. (iii)
Copy of the Notice (iv)
Copy of the order dt. 18rd July 2016 passed by the Hon'ble
Justice Soumen Sen
of Hon'ble High Court,
Calcutta, in
C.P.
648 of
2016. (v)
Copy of the Affidavit of Service on this the 18th day of
August 2016. (vi)
Copy of the Affidavit of Service on this the 3rd day of November 2016. |
I,
hereby certify
that, to the best of my knowledge, is fully qualified and permitted to act as an insolvency professional in accordance with the Insolvency and Bankruptcy
Code,
2016 and the associated rules and regulations.
Yours
sincerely,
|
Signature
of
person
authorized to act on. behalf of the financial creditor |
|
|
Name in block letters |
SUDIP
SAHA |
|
Position
with or in relation to the financial creditor |
Director
of the Financial Creditor. |
|
Address
of
person
signing |
AD-160, Ground Floor, Sector - I, Salt Lake City, Kolkata - 700 064. Or 48A, Syed Syed Amir Ali Avenue, Kolkata-700017 |
Computation of Amount of Dues
A.
25.4.2014
A cheque was issued for payment of the Rs. 40,00,000/-
confirmed outstanding dues along
with subsequent interest on
settlement
agreed on the Round figure of
40,00,000/-
but returned.
B. 25.01.2020 Calculation of
Further
Interest Since the cheque is
not
enchased and the outstanding
dues is earned monthly interest
on recurring basis and
calculation
of interest on the charge value
@ 18% P.A. comes to the sum of
Rs. 15,58,356.16 :
Rs. 15,58,356.16
____________________
Rs 55,58,356.16
No comments:
Post a Comment