Document Fragment View
Fragment Information
Showing contexts for: Digjam in S. Chandriah vs Sunil Kumar Agarwal Rp Of Digjam Limited ... on 22 July, 2022Matching Fragments
2. Brief facts of the case and sequence of the events for deciding these Appeals are:
i. The Appellant sent a letter dated 14.09.2018 to the Corporate Debtor (M/s. Digjam Limited) setting out his offer to purchase surplus land available at the Mills premises of the Corporate Debtor at Jamnagar (Gujarat).
Company Appeal (AT) Ins. No. 22 of 2022 & 21 of 2022
3|Page ii. Subsequent to the sending letter dated 14.09.2018, the Appellant made payment of Earnest Money by RTGS/NEFT to the Corporate Debtor between 26.09.2018 to 08.04.2019 of Rs. 7 Crores. iii. In the meantime, an Application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "The Code") was filed by one M/s. Oman Inc. against the Corporate Debtor M/s. Digjam Limited for "Operational Debt" of Rs. 21,74,626/-. Vide Order dated 26th April, 2019, the Adjudicating Authority admitted the Application under Section 9 of the Code and initiated "Corporate Insolvency Resolution Process" (CIRP in short) against the Corporate Debtor. iv. On 22.05.2019, the Appellant filed his claim under Form-F (claim by Creditor other than Financial and Operational Creditor). Thereafter, the Appellant on 02nd July, 2019, filed his claim under Form-C as a Financial Creditor.
v. The Erstwhile Resolution Professional sent an email stating that Appellant had remitted funds to Digjam Limited as interest free advance to be adjusted against sale consideration for proposed sale of land which shall not fall under "Financial Debt". vi. I.A. No. 658 of 2019 was filed by the Appellant seeking direction to Resolution Professional to adjudicate the claim of the Appellant revise the list of the Committee of Creditors (CoC in short) and to admit him as a "Member of CoC". The IRP filed a Reply to I.A. No. 658 of 2019. The Adjudicating Authority vide Order dated 07th February, 2020 dismissed the I.A. No. 658 of 2019 filed by the Appellant. Aggrieved by Company Appeal (AT) Ins. No. 22 of 2022 & 21 of 2022
" 14-09-2018
Digjam Limited
Aerodrome Road
Jamnagar 361006
Gujarat
Kind Attn: Jatin Jain
Company Secretary
Dear Sir,
Company Appeal (AT) Ins. No. 22 of 2022 & 21 of 2022
8|Page This has reference to our discussions we had with you regarding proposal sale of surplus land available at your mills premises in Jamnagar (Gujarat). In connection with the above, we submit herewith our offer as under:-