//To be Issued on Letter Head //
DEMAND NOTICE/INVOICE
DEMANDING PAYMENT UNDER THE INSOLVENCY AND BANKRUPTCY CODE, 2016
[Under Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016]
Date: _______.2023
To,
--------------
From
:
--------------
Regd.
Office at :
(Through Counsel)
Sir,
1. This letter is a demand notice demanding payment of an unpaid operational debt from you the addressee i.e --------is being issued under the instructions and authority conferred upon me by my client.
2. Please
find particular of the unpaid operational debt below:
PARTICULARS
OF OPERATIONAL DEBT
|
1.Total
Amount of Debt, Details of
Transactions on Account of which Debt fell due and the date from which such
Debt fell due |
------------ The
aforesaid debt amount of Rs. -----------
became due on ________________ when the last payment was made and the
said amount is still outstanding. |
|
2.Amount claimed to be
in default and the date on which the default occurred (Attach the working for
computation of default in tabular form) |
------------- The
aforesaid debt amount of Rs. Rs --------
became due on ___________________when the last payment was made and the
default in continuing even today. The last paid amount was on
________________ and since thereafter, despite reminders no payment has been
made. The
computation of default is attached herewith. |
|
3.
Particulars of security held, if any, the date of its creation, its estimated
vaue as per the creditor. (Attach a copy of a certificate of registration of
the charge issued by the registrar of companies (if the corporate debtor is
company) |
Not
Applicable |
|
4.Details
of retention of title arrangements(if any) in respect of goods to which the
operational debt refers. |
|
|
5.Record
of the default with the information utility (in any) |
N.A. |
|
6.
Provision of law, contract or other document under which debt has became due. |
The
various services have been provided by us in pursuance to the various work
Order issued from time to time |
|
7.List
of documents attached to this application |
(1) Copy of Work Order (2) Copy of Invoices (3) Copy of
dishonoured cheques. (4) Copy of Ledger
Account maintained by us. (5) Copy of Confirmation of Balance as on
________________ |
3. If you dispute the existence or amount of unpaid operational debt (in default) please provide the undersigned, within ten days of the receipt of this letter, of the pendency of the suit or arbitration proceedings in relation to such disputes filed before the receipt of this letter/notice.
4. If you believe that the debt has been repaid before the receipt of this letter, please demonstrate such repayment by sending to us, within ten days of receipt of this letter, the following:
(a) An
attested copy of the record of electronic transfer of the unpaid amount from
the bank account of the corporate debtor; or
(b) An attested copy of any record that -------------- has received the payment.
5. The undersigned, hereby, attaches a certificate from an information utility confirming that no dispute raised in relation to the relevant operational debt has been filed by any person at any information utility,(if applicable) : Not Applicable
6. The undersigned request you to unconditionally repay the unpaid operational debt (in default) in full within ten days from the receipt of this letter failing which we shall initiate a corporate insolvency resolution process in respect of --------------
Yours sincerely
|
Signature
of person authorized to
act on behalf of the operational
creditor |
|
Name
in block letters |
|
Position
with or in relation to
the Operational Creditor Counsel
of the Operational Creditor |
|
Address of person
signing |
