Form B Proof of Claim by Operational Creditors Except Workmen and Employees

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FORM B

PROOF OF CLAIM BY OPERATIONAL CREDITORS EXCEPT WORKMEN AND


EMPLOYEES
(Under Regulation 16 of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation
Process) Regulations, 2017)
[Date]
To
The Liquidator
[Name of the Liquidator]
[Address as set out in the public announcement]
From
[Name and address of the operational creditor]

Subject: Submission of proof of claim in respect of the voluntary liquidation of [name of corporate
person] under the Insolvency and Bankruptcy Code, 2016.
Madam/Sir,
[Name of the operational creditor] hereby submits this proof of claim in respect of the voluntary
liquidation of [name of corporate person]. The details for the same are set out below:

1. NAME OF OPERATIONAL CREDITOR

(IF AN INCORPORATED BODY PROVIDE IDENTIFICATION


NUMBER AND PROOF OF INCORPORATION, IF A PARTNERSHIP
OR INDIVIDUAL PROVIDE IDENTIFICATION RECORDS* OF ALL
THE PARTNERS OR THE INDIVIDUAL)
2. ADDRESS OF OPERATIONAL CREDITOR FOR
CORRESPONDENCE
3. TOTAL AMOUNT OF CLAIM, INCLUDING ANY INTEREST, AS
AT VOLUNTARY LIQUIDATION PROCESS COMMENCEMENT
DATE AND DETAILS OF NATURE OF CLAIM

4. DETAILS OF ANY DISPUTE AS WELL AS THE RECORD OF


PENDENCY OF SUIT OR ARBITRATION PROCEEDINGS
5. DETAILS OF HOW AND WHEN DEBT INCURRED

6. DETAILS OF ANY MUTUAL CREDIT, MUTUAL DEBTS, OR


OTHER MUTUAL DEALINGS BETWEEN THE CORPORATE
PERSON AND THE OPERATIONAL CREDITOR WHICH MAY
BE SET-OFF AGAINST THE CLAIM

7. DETAILS OF ANY RETENTION OF TITLE IN RESPECT OF GOODS


OR PROPERTIES TO WHICH THE DEBT REFERS OR ANY OTHER
SECURITY
8. DETAILS OF ANY ASSIGNMENT OR TRANSFER OF DEBT IN
HIS FAVOUR
9. DETAILS OF THE BANK ACCOUNT TO WHICH THE
OPERATIONAL CREDITOR’S SHARE OF THE PROCEEDS OF
LIQUIDATION CAN BE TRANSFERRED
10. LIST OUT AND ATTACH THE DOCUMENTS RELIED ON IN
SUPPORT OF THE CLAIM.

Signature of operational creditor or person authorised to act on his behalf


(Please enclose the authority if this is being submitted on behalf of the operational creditor)

Name in BLOCK LETTERS


Position with or in relation to creditor
Address of person signing
*PAN, Passport, AADHAAR Card or the identity card issued by the Election Commission of India.

AFFIDAVIT
I, [name of deponent], currently residing at [address of deponent], do solemnly affirm and state as
follows:
1. The above named corporate person was, at liquidation commencement date, that is, the
__________ day of __________ 20______ and still is, justly and truly indebted to me [or to
me and [insert name of co-partners], my co-partners in trade, or, as the case may be] for a sum
of Rs. __________ for _____ [please state consideration].
2. In respect of my claim of the said sum or any part thereof, I have relied on the documents
specified below:
[Please list out the documents relied on as evidence of debt.]
3. The said documents are true, valid and genuine to the best of my knowledge, information and
belief.
4. In respect of the said sum or any part thereof, I have not, nor have my partners or any of them,
nor has any person, by my/our order, to my/our knowledge or belief, for my/ our use, had or
received any manner of satisfaction or security whatsoever, save and except the following:
[Please state details of any mutual credit, mutual debts, or other mutual dealings between the
corporate person and the operational creditor which may be set-off against the claim.]

Solemnly, affirmed at _____________________ on _________________ day, the __________day


of__________ 20_____
Before me,

Notary / Oath Commissioner Deponent's signature

VERIFICATION
I, the Deponent hereinabove, do hereby verify and affirm that the contents of para ___ to __of this
affidavit are true and correct to my knowledge and belief. Nothing is false and nothing material has
been concealed therefrom.

Verified at ________ on this ________ day of ________ 201_____


Deponent's signature

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