2022 (7) TMI 1069 - Tri - Insolvency and Bankruptcy

Tribunal appoints Insolvency Professionals to represent creditors in Corporate Insolvency Resolution Process

Mr. K. Parameswaran Nair, Resolution Professional, M/s. Samson and Sons Builders and Developers Pvt. Ltd., Vijayakumaran, V.J. Constructions Versus Samson and Sons Builders and Developers Pvt. Ltd.

The Tribunal allowed the application for the appointment of Authorized Representatives for Home Buyers and Deposit Holders, appointing selected Insolvency ... Seeking appointment of Authorized Representatives for financial creditors for the class of creditors for the ‘Home Buyers’ and ‘Deposit Holders’ - Section 21(6A) (b) of the IBC,2016 read with Regulation 2(1) (aa), 4A, 16A of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 - HELD THAT:- It is seen from the documents produced that the Applicant/Resolution Professional has complied with all the procedures prescribed under the law. Since this Tribunal is satisfied that Mr. Vibin Vincent and Mrs. Celine P. Thomas who were selected by the Home Buyers and Deposit Holders respectively to act as their Authorized Representative, they may be appointed as the Authorized Representatives of Home Buyers and class of creditors of Deposit Holders. Mr. Vibin Vincent, Insolvency Professional, having Registration Number IBBI/IPA-001/IP-P01997/2020-2021/13134 residing at Chakiath House, Elavoor P.O., Ernakulam, and Mrs. Celine P. Thomas having Registration Number IBBI/IPA-001/IP-P02358/2021-2022/13612 residing at 4B, Tulip, Skyline Riverdale Apartments, Petta, Tripunithura, Ernakulam are appointed as the Authorized Representatives for the Class of Creditors of Home Buyers in the CIR Process and class of creditors of Deposit Holders respectively in the CIR Process in the matter of Samson and Sons Builders and Developers Pvt. Ltd. Application allowed. Issues:Appointment of Authorized Representatives for financial creditors - Home Buyers and Deposit Holders.Analysis:The Tribunal received an application under Section 21(6A) (b) of the IBC, 2016 seeking the appointment of Authorized Representatives for financial creditors of a Corporate Debtor. The Resolution Professional identified shortfalls in the public announcement and published an addendum to rectify the issue. The Home Buyers and Deposit Holders proposed Insolvency Professionals as Authorized Representatives, and their consents were obtained accordingly. The voting shares and choices received for the proposed Authorized Representatives were presented, with the highest vote-getters being selected. The elected Insolvency Professionals provided their consent and necessary documentation, complying with the requirements. The Resolution Professional submitted the application with the list of financial creditors and individual consents, as mandated by the regulations.The Tribunal directed the Resolution Professional to file segregated authorization letters, which were subsequently produced. The names of Deposit Holders and Home Buyers selecting the Authorized Representatives were disclosed. The Tribunal thoroughly examined the documents, including the Form CA signed by all creditors, and reviewed the relevant legal provisions under Section 21(6A)(b) of the IBC, 2016. The validity of authorization for the selected Insolvency Professionals was verified, confirming compliance with the prescribed procedures. Satisfied with the Resolution Professional's adherence to legal requirements, the Tribunal appointed the selected Insolvency Professionals as Authorized Representatives for the respective classes of creditors in the Corporate Insolvency Resolution Process.In conclusion, the Tribunal allowed the application for the appointment of Authorized Representatives for Home Buyers and Deposit Holders, appointing the selected Insolvency Professionals to represent the creditors in the Corporate Insolvency Resolution Process for the specific Corporate Debtor. The judgment was delivered on the 1st of July 2022 by the Tribunal members, ensuring compliance with the IBC regulations and safeguarding the interests of the financial creditors involved.