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FORM CA

SUBMISSION OF CLAIM BY FINANCIAL CREDITORS IN A CLASS


(Under Regulation 8A of the Insolvency and Bankruptcy (Insolvency Resolution Process for
Corporate Persons) Regulations, 2016)

Date:26.03.2024
From,
Mr. Prashant Kumar
S/o Sri. Sunil Kumar
Aged about 30 years,
Aadhar Card: 4606 8654 5001
R/at. Tagore Road, Chhotki Murram,
Near Miloni Club, PS-Ramgarh,
Jharkhand-829122.

Currently Residing at.


No. 301, Block-B,
The Green Terrace Apartment,
Neo Town, Somondoville Road,
Electronic City, Phase I,
Bengaluru – 562100.

To,
The Interim Resolution Professional / Resolution Professional
Mr. Balakrishnan Venkatachalam,
4C-420, 3rd Floor,
Kempe Gowda Underpass Road,
(5th Main), Ramamurthy Nagar,
Bangalore-590016

Subject: Submission of claim and proof of claim.

Respected Sir,

I, Mr. Prashant Kumar, S/o. Sri. Sunil Kumar, hereby submits this claim in respect of the
corporate insolvency resolution process of M/s Gulam Mustafa Enterprises Pvt. Ltd., The
details for the same are set out below:

RELEVANT PARTICULARS
1. Name of the financial creditor Sri. Prashant Kumar, S/o. Sri. Sunil Kumar
2. Identification number of the financial N/A
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)
3. Address and e-mail address of the Sri. Prashant Kumar, S/o. Sri. Sunil Kumar, Aged
financial creditor for correspondence. about 30 years, Aadhar Card: 4606 8654 5001,
R/at. Tagore Road, Chhotki Murram, Near Miloni
Club, PS-Ramgarh, Jharkhand-829122 and
Currently Residing at. No. 301, Block-B, The
Green Terrace Apartment, Neo Town,
Somondoville Road, Electronic City, Phase I,
Bengaluru – 562100.
4. Total amount of claim (in Rs.) Rs.76,90,534.57/- (Rupees Seventy Six Lakhs
Ninety Thousand Five Hundred and Thirty Four
Only)
5. Details of documents by reference to a. A copy of the Agreement of Sale dated:
which the debt can be substantiated 03.12.2021 between M/s. Gulam Mustafa
Enterprises Pvt. Ltd. and Claimant;
b. A copy of the Construction Agreement dated:
03.12.2021 between M/s. Gulam Mustafa
Enterprises Pvt. Ltd. and Claimant
c. A copy of the Tripartite Agreement between
dt.03.12.2021 between M/s. Gulam Mustafa
Enterprises Pvt. Ltd., Claimant and SBI Bank,
State Bank of India, Represented by its Chief
Manager, Srinagar, Bangalore Branch, #1479,
Shubhangi Enclave, 17th Main, Muneshwara
Block, Avalahalli, Banashankari, Bangalore –
560026.
d. A copy of the Payment Receipts issued by M/s.
Gulam Mustafa Enterprises Pvt. Ltd.,
e. State Bank of India Statement of Account of
Claimant from 03.12.2021 to 25.03.2024 with
respect to Claimant’s SBI Loan Account
bearing No. Loan Account No. 40624238154.
f. Email Conversation dt. 01.02.2023 to
21.04.2023 between Claimant and M/s. Gulam
Mustafa Enterprises Pvt. Ltd., for having paid
a total sum of Rs.62,70,000/- (Rupees Sixty
Two Lakhs Seventy Thousand Only).
g. Cancellation Notice dt. 30.01.2024 issued by
M/s. Gulam Mustafa Enterprises Pvt. Ltd. in
favour of Claimant.
h. Memo of Calculation filed by the Claimant in
Compliant No.00036/2023 before the Real
Estate Regulatory Authority (Bench-6) against
M/s. Gulam Mustafa Enterprises Pvt. Ltd. and
land owners. The total claim amount of
Rs.76,90,534.57/- (Rupees Seventy Six Lakhs
Ninety Thousand Five Hundred and Thirty
Four Only) as on 11.03.2024 was calculated at
the SBI MCLR Rate + 2% per annum in
accordance with the in accordance with Rule
16 of Karnataka RERA Rules, 2017 and it
includes the refund of entire amounts paid,
interest payable on refund amounts and interest
payable to the complainant on account of delay
in handing over of possession in furtherance of
the and in furtherance of the guidelines issued
by the Hon’ble Authority issued in furtherance
of the Judgment of the Apex Court in Newtech
Promoters & Developers Pvt. Ltd. Vs. State of
Uttar Pradesh, Civil Appeal No(s). 6745-6749
of 2021, 2021 (11) ADJ 280.
i. Daily Order Sheet Real Estate Regulatory
Authority (Bench-6) to show that the said
Compliant No.00036/2023 has been posted for
orders.
j. Aadhar Card of Claimant
6. Details of how and when debt incurred PAYMENT DETAILS: (Made in 3
Installments):-
Sl.No Total Amount Payment
Payment in Rs. Date(DD-
MM-
YYYY)
1 Payment 51000 18-10-
1 2021
2 Payment 639000 01-12-
2 2021
3 Payment 5580000 04-12-
3 2021
Total 62,70,000
Principal
Amount
7. Details of any mutual credit, mutual N/a
debts, or other mutual dealings
between the corporate debtor and the
creditor which may be set-off against
the claim
8. Details of any security held, the value N/a
of the security, and the date it was
given
9. Details of the bank account to which Account Holder Name:- Prashant Kumar
the amount of the claim or any part Bank Name:- State Bank of India
thereof can be transferred pursuant to a
Account Type:- Savings Account
resolution plan Account Number:- 40607218092
IFSC Code:-SBIN0071130
Branch:- Electronic City Phase 2
10. List of documents attached to this a. A copy of the Agreement of Sale dated:
claim in order to prove the existence 03.12.2021 between M/s. Gulam Mustafa
and non-payment of claim due Enterprises Pvt. Ltd. and Claimant;
b. A copy of the Construction Agreement dated:
03.12.2021 between M/s. Gulam Mustafa
Enterprises Pvt. Ltd. and Claimant
c. A copy of the Tripartite Agreement between
dt.03.12.2021 between M/s. Gulam Mustafa
Enterprises Pvt. Ltd., Claimant and SBI Bank,
State Bank of India, Represented by its Chief
Manager, Srinagar, Bangalore Branch, #1479,
Shubhangi Enclave, 17th Main, Muneshwara
Block, Avalahalli, Banashankari, Bangalore –
560026.
d. A copy of the Payment Receipts issued by M/s.
Gulam Mustafa Enterprises Pvt. Ltd.,
e. State Bank of India Statement of Account of
Claimant from 03.12.2021 to 25.03.2024 with
respect to Claimant’s SBI Loan Account
bearing No. Loan Account No. 40624238154.
f. Email Conversation dt. 01.02.2023 to
21.04.2023 between Claimant and M/s. Gulam
Mustafa Enterprises Pvt. Ltd., for having paid
a total sum of Rs.62,70,000/- (Rupees Sixty
Two Lakhs Seventy Thousand Only).
g. Cancellation Notice dt. 30.01.2024 issued by
M/s. Gulam Mustafa Enterprises Pvt. Ltd. in
favour of Claimant.
h. Memo of Calculation filed by the Claimant in
Compliant No.00036/2023 before the Real
Estate Regulatory Authority (Bench-6) against
M/s. Gulam Mustafa Enterprises Pvt. Ltd.
i. Daily Order Sheet Real Estate Regulatory
Authority (Bench-6) to show that the said
Compliant No.00036/2023 has been posted for
orders.
j. Aadhar Card of Claimant
11. Name of the insolvency professional Sri. Ramanathan Bhuvaneshwari
who will act as the Authorised Reg No.IBBI/IPA-002/IP-N00306/2017-18/10864
representative of creditors of the class

Signature of financial creditor or person authorised to act on its behalf


[Please enclose the authority if this is being submitted on behalf of the financial creditor]

Name in BLOCK LETTERS : PRASHANT KUMAR

Position with or in relation to creditor Claimant/Homebuyer/Purchaser/Financial Creditor

Address of person signing Sri. Prashant Kumar, S/o. Sri. Sunil Kumar, Aged about 30 years,
Aadhar Card: 4606 8654 5001, R/at. Tagore Road, Chhotki Murram, Near Miloni Club, PS-
Ramgarh, Jharkhand-829122 and Currently Residing at. No. 301, Block-B, The Green Terrace
Apartment, Neo Town, Somondoville Road, Electronic City, Phase I, Bengaluru – 562100.
*PAN number, passport, AADHAAR Card or the identity card issued by the Election
Commission of India.

DECLARATION

I, Sri. Prashant Kumar, S/o. Sri. Sunil Kumar, Aged about 30 years, Aadhar Card: 4606 8654
5001, R/at. Tagore Road, Chhotki Murram, Near Miloni Club, PS-Ramgarh, Jharkhand-
829122 and Currently Residing at. No. 301, Block-B, The Green Terrace Apartment, Neo
Town, Somondoville Road, Electronic City, Phase I, Bengaluru – 562100, do hereby declare
and state as follows:-
1. M/s Gulam Mustafa Enterprises Pvt. Ltd.,, the corporate debtor was, at the
insolvency commencement date, being the 26th day of March 2024, actually
indebted to me for a sum of Rs.76,90,534.57/- (Rupees Seventy Six Lakhs Ninety
Thousand Five Hundred and Thirty Four Only) along with future interest.
2. In respect of my claim of the said sum or any part thereof, I have relied on the
documents specified below:
a. A copy of the Agreement of Sale dated: 03.12.2021;
b. A copy of the Construction Agreement dated: 03.12.2021
c. A copy of the Tripartite Agreement dt.03.12.2021
d. A copy of the Payment Receipts issued by M/s. Gulam Mustafa Enterprises
Pvt. Ltd.,
e. State Bank of India Statement of Account of Claimant from 03.12.2021 to
25.03.2024 with respect to Claimant’s SBI Loan Account bearing No. Loan
Account No. 40624238154.
f. Email Conversation dt. 01.02.2023 to 21.04.2023 between Claimant and
M/s. Gulam Mustafa Enterprises Pvt. Ltd., for having paid a total sum of
Rs.62,70,000/- (Rupees Sixty Two Lakhs Seventy Thousand Only).
g. Cancellation Notice dt. 30.01.2024 issued by M/s. Gulam Mustafa
Enterprises Pvt. Ltd. in favour of Claimant.
h. Memo of Calculation filed by the Claimant in Compliant No.00036/2023
before the Real Estate Regulatory Authority (Bench-6) against M/s. Gulam
Mustafa Enterprises Pvt. Ltd. for Refund with Interest.
i. Daily Order Sheet Real Estate Regulatory Authority (Bench-6) to show that
the said Compliant No.00036/2023 has been posted for orders.
j. Aadhar Card of the Claimant

3. The said documents are true, valid and genuine to the best of my knowledge,
information and belief and no material facts have been concealed therefrom.
4. In respect of the said sum or any part thereof, neither I, nor any person, by my order,
to my knowledge or belief, for my use, had or received any manner of satisfaction
or security whatsoever.
5. I am not a related party of the corporate debtor, as defined under section 5 (24) of
the Code.

Date: 26.03.2024
Place: Bangalore
(Signature of the claimant)
VERIFICATION
I, Sri. Prashant Kumar, S/o. Sri. Sunil Kumar the claimant hereinabove, do hereby verify that
the contents of this proof of claim are true and correct to my knowledge and belief and no
material fact has been concealed therefrom.

Verified at Bangalore on this 26th day of March 2024

(Signature of claimant)

[Note: In the case of company or limited liability partnership, the declaration and verification
shall be made by the director/manager/secretary/designated partner and in the case of other
entities, an officer authorized for the purpose by the entity.]

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