Frequently Asked Questions (FAQs) for filing of proof of claim by
creditors
This document is designed to help answer questions of creditors who may have queries on
filing proof of claims pursuant to public announcement relating to commencement of
Corporate Insolvency Resolution Process (“CIRP”) for Wind World (India) Limited (“WWIL/
Corporate Debtor”) and inviting claims in accordance with the Insolvency and Bankruptcy
Code, 2016 (“IBC”).
Please note that frequently asked questions (“FAQs”) given below have been provided only
as practical guidance and for information purposes only. The same do not in any way
constitute legal advice and it is strongly recommended that you obtain independent legal
advice before submitting any proof of claims
1. What was the public announcement of Wind World (India) Limited?
A public announcement has been duly made for the attention of creditors of WWIL in
accordance with the provisions of the IBC and the regulations made thereunder, notifying
the creditors that the National Company Law Tribunal
(“Adjudicating Authority”),
Ahmedabad Bench, has ordered the commencement of CIRP against WWIL on February
20, 2018 and that the creditors may submit their respective proofs of claim against WWIL
to the Resolution professional (“RP”).
2. How do I file a claim as a creditor?
The proof of claims is to be submitted by way of specified forms along relevant
documentary proof in support of the claim, as prescribed under Insolvency and Bankruptcy
Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
(“CIRP Regulations”)
The creditors of WWIL are requested to submit a proof of their claims on or before March
08, 2018, to the RP at the address given below through -
i)
electronic means only (if you are a financial creditor), and
ii)
in person, by post or by electronic means (if you are an operational creditor
including workman/ employee/statutory authority or other creditor)
NAME:
Mr. Shailen Shah
ADDRESS:
C/o BSSR & Co
5th Floor, Lodha Excelus,
Apollo Mills Compound, N M Joshi Marg,
Mahalaxmi, Mumbai - 400011
EMAIL ADDRESS:
irpwwil@bsraffiliates.com
REGISTRATION NO:
IBBI/IPA-001/IP-P00408/2017-2018/10725
3. Where will I get the claim forms and how can I file the claim?
The forms can be downloaded from the website http://ibbi.gov.in/
(Insolvency and
Bankruptcy Board of India). Alternatively, forms are also available for download at WWIL’s
website at http://www.windworldindia.com/cirp.jsp under the CIRP section. Below is the list
of forms which are specific for each type of creditor.
Form B
- Proof of claim by operational creditors (except workmen and employees)
Form C
- Proof of claim by financial creditors
Form D
- Proof of claim by a workman or/and employee
Form E
- Proof of claim submitted by authorized representative of workmen and
employees
Form F
- Proof of claim by creditors (Other than financial creditors and operational
creditors)
4. Which documents and support should I attach along with claim form while submitting
to the RP?
Please find below a list of documents which may be submitted to prove the existence of
claim by the respective creditors. This will reduce ambiguity and enable smooth verification
of claims.
Operational Creditor
Authorized contract / purchase order for the supply of goods and/or services;
Proof of delivery/ work completion certificate;
Invoices demanding payment for the goods and services supplied;
Ledger statement of WWIL in your books indicating outstanding receivables;
Order of a court or tribunal that has adjudicated upon the non-payment of a debt, if
any.
Financial Creditor
Financial contract supported by financial statements as evidence of the debt;
Records evidencing that the amounts committed by the financial creditor to WWIL/
Corporate Debtor under a facility has been drawn by WWIL/ Corporate Debtor;
Recall notice/ notice demanding payment;
Financial statements showing that the debt has not been repaid;
Order of a court or tribunal that has adjudicated upon the non-payment of a debt, if
any.
Workmen & Employees
Proof of employment such as valid contract of employment for the period for which
the workman/ employee is claiming dues;
Notice demanding payment of unpaid dues sent to WWIL and any documentary or
other proof that payment has not been made;
Order of a court or tribunal that has adjudicated upon the non-payment of a dues, if
any.
Other Creditors:
Documentary evidence demanding satisfaction of the claim;
Bank statements of the creditor showing non-satisfaction of the claim;
Order of a court or tribunal that has adjudicated upon the non-satisfaction of claim,
if any.
5. Do I still need to send the hard copy of documents if I have already submitted the claim
form along with relevant supporting documents through an email?
It is recommended to send the hard copy of the form along with the supporting documents
to the RP’s address mentioned above.
6. I have already sent the detailed listing of invoices outstanding to RP. Would I still need
to fill and submit my claim?
Yes. Your claims will not be acknowledged until the receipt of a completed appropriate
Form (as mentioned above) along relevant supporting documents, as prescribed under the
CIRP Regulations.
7. Is it mandatory for me to have affidavit notarized on a stamp paper?
No. As per the press release dated 28 March 2018 of Insolvency and Bankruptcy Board of
India, w.e.f. 01 April 2018, the requirement of affidavit has been dispensed with.
8. What date should be considered to determine the claim amount?
All claims should be as of February 20, 2018 i.e. the insolvency commencement date.
9. Will I be a required to submit any further documents or clarifications after submitting
the proof of claim?
Yes, the RP, as the case may be, may call for such evidence or clarifications from the
creditors, as he deems fit in order to substantiate /verify the whole or part their claim.
10 What if my debt is in foreign currency?
The claims of creditors which are denomination in foreign currency shall be valued in
Indian currency at the official exchange rate which is the reference rate published by the
Reserve Bank of India or derived from such reference rate, as on February 20, 2018 i.e. the
date of the commencement of the CIRP of WWIL.