2022 (7) TMI 1069

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..../110/KOB/2022 has been filed under 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 by Mr. K. Parameswaran Nair, Insolvency Resolution Professional of M/s. Samson and Sons Builders and Developers Pvt. Ltd., seeking the following relief: - ➢ To appoint Mr. Vibin Vincent (IBBI/IPA-001/IP-P01997/2020-2021/13134) and Mrs Celine P. Thomas (IBBI/IPA-001/IP-P02358/2021-2022/13612) as the Authorized Representatives for financial creditors for the class of creditors for the 'Home Buyers' and 'Deposit Holders' respectively. The brief facts of the case are as under: - 3. The application for....

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....d Representative on their behalf. The Resolution Professional obtained the consent of each of the home buyers to appoint Shri. Vibin Vincent to act as their "Authorized Representative". 6. It is also stated that the class of creditors i.e. Deposit Holders had submitted their claim in Form CA before him and proposed Mrs. Celine P Thomas (IBBI/IPA-001/ IP-PO2358/ 2021-2022/ 13612), an Insolvency Professional to act as their Authorized Representative. The Resolution Professional obtained the consent of each of the Deposit Holders to appoint Ms. Celine P Thomas to act as their "Authorized Representative". 7. It is stated that as contemplated under Regulation 16A(1) of the IBBI Regulations (CIRP) 2016, an Insolvency Professional was requir....

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....ed that the elected Insolvency Professionals viz, Mr. Vibin Vincent and Ms. Celine P Thomas have given their consent to act as the Authorized Representatives for the class of creditors" Home Buyers" and the class of creditors "Deposit Holders" respectively in Form AB respectively. They have also produced the AFA issued by the Indian Institute of Insolvency Professionals of ICAI. 12. It is stated that in compliance with Section 21(6A) (6) of the Insolvency and Bankruptcy Code 2016, has filed this Applicantion along with the list of financial creditors falling under the class of creditors for "Home Buyers" and "Deposit Holders" together with their individual consent to appoint Mr. Vibin Vincent and Ms. Celine P Thomas as the Authorized Rep....

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.... & Valsamma Mathew. 23. Thomas Koshy. 24. Dr. P.V. John. 25. M. A. K. Ameenulla. 26. Abraham John & Dolly Abraham. 27. Rachel Mathew. 28. Loretta Jayarani Franclin Desayose. 29. Anish Franclin Desayose. 30. Salini V. Johans. 31. B.G. Jeyasing. 32. Baby MAthewkutty & Titty Kutty Mathew. 33. Subash Nair. 34. Geetha Jeevan. 35. Gloria Jose. 36. V. R. Gopakumar. 37. Kripa Ananthalekshmi. 38. Manoj Kurien Cheriyan & Ardra Kurien. 39. Abraham Mathew. 40. M. Lalitha (Related party). 41. Dr. Reeby Sara Thomas, POA- Varughese Thomas. 42. Mathews Koshy. 43. O. Omma....

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....Resolution Professional, and perused the entire documents including the Form CA produced duly signed by all the class of creditors for the Home Buyers and class of creditors for the Deposit Holders of the Corporate Debtor. We have also gone through Section 21(6A)(b) of the IBC, 2016 which is quoted below: - Section 21-Committee of creditors. (6A) Where a financial debt- (a) *********** ********* ********** ************ (b) is owed to a class of creditors exceeding the number as may be specified, other than the creditors covered under clause (a) or sub-section (6), the interim resolution professional shall make an application to the Adjudicating Authority along with the list of all financial creditors, con....