BEFORE THE NATIONAL COMPANY LAW TRIBUNAL,

AT NEWDELHI
INSOLVENCY APPLICATION NO______________2020

IN THE MATTER OF SECTION 7 OF THE INSOLVENCY AND

BANKRUPTCY CODE 2016,

IN THE MATTER OF:

M/s DR Engineers Private Limited …Applicant/Financial Creditor

VERSUS

M/s Jakson Engineers Limited ...Respondent/Corporate debtor

INDEX

S. No. Particulars Page No

1. Memo of Parties
2. Notice of Motion
3. Notice of Admission
4. Letter of Mention
5. List of Date & Events
6. Synopsis
7. Application under section 7 of the Insolvency and
Bankruptcy Code, 2016 filed by applicants/financial
creditors.
8. Relief Sought
9. Affidavits.
10. Annexure I(A)
Original Copy of Board Resolution of the Financial
Creditor authorizing _______________________
to represent, sign petition and vakalatnama on behalf of
the Financial Creditor
11. Annexure I-(B) (Colly)

True Copy of Master Data of Financial Creditor as per

the MCA Website.

12. Annexure I-(C) (Colly)

True Copy of Master Data of Corporate Debtor along

with the signatory authority as per the MCA Website.
13. Annexure I-(D)

A True Copy of Memorandum of Understanding

signed by both Financial Creditor and Corporate
Debtor.
14. Annexure I-(E)

A True Copy of Bank Statement of the Financial

Creditor.
15. Annexure I-(F)

A true Copy of Notice issued by archaeological survey

of India dated 05.07.2017 in respect of the concerning
Plot.
16. Annexure I-(G)

A true copy of amended Memorandum of

Understanding.

17. Annexure I-(H)

A copy of several Pictures showing the Board Setup by

Archeology Survey of India and the plot
18. Annexure I-(I)

A copy of Legal Notice sent by the Financial Creditor

to Corporate Debtor requesting payment of the amount,
along with Indian post receipt and Tracking report og
the same.
19. Annexure II

Written Communication of the Proposed Interim

Resolution Professional.
20. Annexure III

Proof that specified fees in respect of this petition has

been paid.
21. Proof of Service
22. Vakalatnama
 Himani Kapoor
Advocate(D/7758/2019)
C-36, Ganesh Nagar,
New Delhi-110018
M: 8448772435

Dated: .03.2020
Place: New Delhi

BEFORE THE NATIONAL COMPANY LAW TRIBUNAL,

AT NEW DELHI
INSOLVENCY APPLICATION NO___________2020
IN THE MATTER OF SECTION 7 OF THE INSOLVENCY AND
BANKRUPTCY CODE 2016,

M/s DR Engineers Private Limited. …Applicant/Financial Creditor

VERSUS
M/s Jakson Engineers Limited. ...Respondent/Corporate debtor

MEMO OF PARTIES

M/s DR Engineers Private Limited …Applicant/ Financial Creditor

Registered office at:
DTJ 115 FIRST FLOOR DLF
TOWER B JASOLA NEAR PARK
NEW DELHI -110025,

VERSUS

M/s Jakson Engineers Limited. ... Respondent/Corporate Debtor

Registered office at:-
262, SIXTH FLOOR, TOWER A,
DLF TOWER JASOLA,
NEW DELHI - 110025

Dated: .03.2020
Place: New Delhi

Himani Kapoor
Advocate(D/7758/2019)
C-36, Ganesh Nagar,
New Delhi-110018
M: 8448772435

BEFORE THE NATIONAL COMPANY LAW TRIBUNAL,

AT NEW DELHI
INSOLVENCY APPLICATION NO_____________ 2020
IN THE MATTER OF SECTION 7 OF THE INSOLVENCY AND
BANKRUPTCY CODE, 2016

IN THE MATTER OF:

M/s DR Engineers Private Limited. …Applicant/Financial Creditor

 VERSUS

M/s Jakson Engineers Limited. ...Respondent/Corporate debtor

NOTICE OF MOTION

To,

M/s Jakson Engineers Limited ... Respondent/Corporate Debtor

Registered office at:-

262, SIXTH FLOOR, TOWER A,
DLF TOWER JASOLA,
NEW DELHI - 110025

Sir,

The enclosed accompanying Application by the Applicants/Financial Creditors to

initiate Corporate Insolvency Resolution Process, under section 7 of the Insolvency
and Bankruptcy Code, 2016 and Rule 4 of the Insolvency and Bankruptcy
(Application to the Adjudicating Authority) Rules, 2016 is being filed before the
Hon’ble National Company Law Tribunal (New Delhi), with a request to list it on
________________. Kindly take note.

Dated: .03.2020
Place: New Delhi
Himani Kapoor
Advocate(D/7758/2019)
C-36, Ganesh Nagar,
New Delhi-110018
M: 8448772435

BEFORE THE NATIONAL COMPANY LAW TRIBUNAL,

AT NEW DELHI
INSOLVENCY APPLICATION NO.__________________OF 2020

NOTICE OF ADMISSION

FROM:

M/s DR Engineers Private Limited …Applicant/ Financial Creditor

Registered office at:
DTJ 115 FIRST FLOOR DLF
TOWER B JASOLA NEAR PARK
NEW DELHI -110025,

IN THE MATTER OF:

M/s DR Engineers Private Limited …Applicant/Financial Creditor

VERSUS

M/s Jakson Engineers Limited. ...Respondent/Corporate debtor

The party named above requests that the Hon’ble Tribunal grant the following
relief:

1) To admit the application and pass an order to initiate corporate insolvency

resolution process in respect of M/s Jakson Engineers Limited. under section
7 of the Insolvency and Bankruptcy Code, 2016 and Rule 4 of the
Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules,
2016 (“Code”);

2) To confirm the appointment of Mr. Anurag Nirbhaya as the Interim

Resolution Professional (Reg No.- IPA-001/IP-P00870/2017-2018/11468)
in terms of Section 16 of the Code;

3) To cause a public announcement of the initiation of Corporate Insolvency

Resolution Process and calling for submission of claims under Section 15 of
the Code; and

4) To declare a moratorium in terms of section 14 of the Code;

In terms of Section 13 of the Insolvency and Bankruptcy Code, 2016;
For the following reasons:-

(a) That Corporate Debtor and the Financial Creditor executed a Memorandum
of Understanding on 10.04.2017 regarding the sale of the property bearing
survey no. 104/1-I, of Candolim Bardez, Goa for Rs. 8,50,00,000/- (Rupees
Eight Crore and Fifty Lakhs only). A copy of said Memorandum of
Understanding is annexed herewith as Annexure I
(b) That as per the terms said MOU the Financial Creditor paid Rs.
1,00,00,000/- (Rupees One Crore only) to Corporate Debtor through cheque
 bearing no. 00001 of HDFC Bank in bank account no. 026502000010562
maintained with Indian Overseas Bank on the same date of execution of the
said MOU i.e 10.04.2017.
(c) That as per the term of Clause 3(c) of the said MOU, it was agreed by
Corporate Debtor that the Corporate Debtor will construct boundary wall at
the cost of Financial Creditor after getting the necessary approvals.
(d) That a notice was issued by the archeological survey of India on 05.07.2017
instructing to halt the construction on the above mentioned site. That till this
date the construction on the said plot is not approved by the Government
authority and the said site stands abandoned.
(e) It is pertinent to mention here that the financial creditor has served legal
notice to the corporate debtor on 13.03.2020 however the corporate debtor
had neither replied to the notice nor has repaid the due amount. The said
legal notices are annexed herein as Annexure I (H)
(f) The Present Application under Section 7 of the Insolvency & Bankruptcy
Code, 2016 is being filed against the Corporate Debtor by M/s Financial
World India Pvt. Ltd

Himani Kapoor
Advocate(D/7758/2019)
C-36, Ganesh Nagar,
New Delhi-110018
M: 8448772435
Dated: .03.2020
Place: New Delhi

To, Dated: .03.2020

The Bench Officer
The National Company Law Tribunal
C.G.O Complex, Lodhi Road
New Delhi- 110003
Sub: Application by Financial Creditor for initiating Corporate Insolvency
Resolution Process under Section 7 of the Insolvency and Bankruptcy Code,
2016 read with Rule 4 of the Insolvency and Bankruptcy (Application to
Adjudicating Authority) Rules, 2016 in respect of the M/s Wave Impex
Private Limited

Respected Sir,

This Application is being filed on behalf of M/s Kokra Resort and Spa
Private Limited as mentioned in the Memorandum of Parties (“Financial
Creditor”), within the meaning of the Insolvency and Bankruptcy Code, 2016
(“Code”) to initiate corporate insolvency resolution process under section 7 of the
code read with Rule 4 of the Insolvency and Bankruptcy (Application to
Adjudicating Authority) Rules, 2016 in respect of M/s Wave Impex Private
Limited (“Corporate Debtor”).

Please find enclosed herewith two sets (1 Original + 1 Copy) of the same
along with a demand draft of Rs. ________/- (Rupees _________Only) bearing
No. __________dated __________drawn on ________________

Please note that a copy of the application has been served upon the
Corporate Debtor. The proof of service of the application upon the Corporate
Debtor is annexed herewith. You are requested to take the same on record and list
this Application for mentioning before the Hon’ble National Company law
Tribunal on___________.

Yours sincerely,

M/s Kokra Resort and Spa Private Limited

LIST OF DATE AND EVENTS

DATE EVENTS
10.04.2017 The Financial Creditor and the Corporate Debtor executed a
Memorandum of Understanding regarding the sale of the property
bearing survey no. 104/1-I, of Candolim Bardez, Goa for the
consideration of Rs 8,50,00,000/-. A copy of said MOU is annexed
 herewith as Annexure I-(D)
10.04.2017 The Financial Creditor as per the term of the said MOU paid Rs.
1,00,00,000/- (Rs One Crore) to Corporate Debtor via cheque
bearing no. 00001 of HDFC Bank to the Corporate Debtor bank
account no. 026502000010562 maintained with Indian Overseas
Bank. A copy of Bank Statement of Financial Creditor is annexed
herewith as Annexure I-(E)
05.07.2017 Notice dated 05.07.2017 was issued by the Archaeological Survey
of India concerning the said site, directing to halt any construction
activities immediately within 300 meters distance from Lower
Fort, Aguada. (A centrally protected monument). A copy of said
Notice is annexed herewith as Annexure I- (F)
17.09.2018 The said Memorandum of Association was amended, where the
period of said MOU was extened till 20th November 2018 and the
final consideration of the said property was reduced to
7,50,00,000/-. A copy of said amended MOU is annexed herewith
as Annexure I-(G).
13.03.2020 Legal notice send by the Financial Creditor to the Corporate
Debtor demanding payment of Rs.1,52,50,000/- (inclusive of
Interest). A copy of said notice is annexed herewith as Annexure
I(I)
Hence The Present Petition.

Dated Himani Kapoor

Place: New Delhi Advocate (D/7758/2019)

C-36, Ganesh Nagar,
New Delhi-110018
M: 8448772435
SYNOPSIS

The present application under Section 7 of Insolvency and Bankruptcy Code, 2016

(here-in-after referred to as “Code’) read with Rule 4 of the Insolvency and

Bankruptcy (Application to the Adjudicating Authority) Rules, 2016 has been filed

by M/s Kokra Resort and Spa Private Limited (here-in-after referred as

‘Applicant/Financial Creditor’) for initiation of Corporate Insolvency Resolution

Process (here-in-after referred as “CIRP”) against M/s Wave Impex Private

Limited (here-in-after referred as ‘Respondent/Corporate Debtor’).

The applicant/Financial Creditor is a company incorporated under companies act

2013. That the applicant is engaged in hospitality business, and is providing top

notch resorts and spa services around the nation. That the financial creditor wanted

to purchase a land in Goa which is a popular tourist place in India for business

purposes therefore the financial creditor and the corporate debtor agreed to terms

and conditions of Memorandum of Understanding executed on 10.04.2017

regarding the sale of property bearing survey no. 104/1-I, of Candolim Bardez,

Goa against the consideration of Rs. 8,50,00,000/- (Rupees Eight Crore and Fifty

Thousand). A copy of said MOU is annexed herewith as Annexure I-(D).

That the applicant/Financial Creditor paid Rs. 1,00,00,000/- (Rupees One Crore) to

corporate debtor on the date of execution of memorandum of understanding i.e.

10.04.2017 via cheque bearing no. 00001 of HDFC Bank to the corporate Debtor

Bank account no. 026502000010562 maintained with Indian Overseas Bank. A

copy of Bank statement of financial creditor showing the said transfer is annexed

herewith as Annexure I-(E).

That as per the terms agreed upon by both Financial Creditor and Corporate Debtor

in the above mentioned MOU, The Corporate Debtor agreed to construct boundary

wall at the cost of Financial Creditor after getting the necessary approvals. It is also

pertinent to mention that the Corporate Debtor assured the applicant that no notice

was issued, received or served under the Land Acquisition Act or in Town and

Country Planning Act in respect of the said plot. It was further assured by

Corporate Debtor that if any such notice to be issued received or served before the

completion of sale, but after the date of the execution of the said MOU, The

Corporate Debtor will co-operate with Financial Creditor to get the property

regularized for development.

That on 05.07.2017 a notice was issued by the Archeological Survey of India

concerning the above mentioned plot, directing to stop any type of construction

activities immediately within the 300m distance from Lower Fort, Aguada (A

centrally protected monument). A copy of said Notice is annexed herewith as

Annexure I- (F)

That in the light of above mentioned notice the construction was stopped and the

said MOU was amended on 17th September 2018, where the period of MOU was

extended till 30th November 2018 and the final consideration of said property was

also reduced from Rs. 8,50,00,000/- to 7,50,00,000/-. A copy of said amended

MOU is annexed herewith as Annexure I – (G)

That the Archeology Survey of India put up various hoardings around the centrally

protected monument, Lower Fort, Aguada and refuses to approve any construction

with in the 300 meters from the said fort. That due to the said circumstances, the

concern plot stands abandoned. A copy of Photos of said hoardings and abandoned

site is annexed here with as Annexure I (H)

It is necessary to point the fact that the Financial Creditor has already invested Rs

1,00,00,000/- in the said property but due to above mentioned circumstances the

site is abandoned and till this date the construction on the said plot is not approved

by the Government authority.

That the financial creditor on 13.03.2020 sent a legal notice to Corporate Debtor

requesting the respondent to return the deposited Rs 1,00,00,000/- along with the

interest @ 1.5% per month. A copy of said Legal notice is annexed herewith as

Annexure I(I)

That the said legal notice did not put any effect on the ignorant behavior of the

Corporate Debtor which is evident from the fact that No Reply against the legal

notice was provided by the Corporate Debtor

It is most respectfully submitted, that on the basis of the above mentioned facts of

the case the respondent company/Corporate Debtor does not have any intention to

repay the money raised from the applicants/financial creditors, which is an event of

default.

It is pertinent to mention here that since the amount paid by the applicant/ financial

creditor was “against the consideration of the time value of the money” and It

constitute a financial debt under the code. In accordance with section 5 (8) of the

insolvency and bankruptcy code “financial debt” means a debt along with interest,

if any, which is disbursed against the consideration for the time value of money

and includes– (a) money borrowed against the payment of interest; (b) any amount

raised by acceptance under any acceptance credit facility or its dematerialised

equivalent; (c) any amount raised pursuant to any note purchase facility or the

issue of bonds, notes, debentures, loan stock or any similar instrument; (d) the

amount of any liability in respect of any lease or hire purchase contract which is

deemed as a finance or capital lease under the Indian Accounting Standards or

such other accounting standards as may be prescribed; (e) receivables sold or

discounted other than any receivables sold on non-recourse basis; 8 (f) any

amount raised under any other transaction, including any forward sale or

purchase agreement, having the commercial effect of a borrowing; 1 [Explanation.

-For the purposes of thhis sub-clause, - (i) any amount raised from an allottee

under a real estate project shall be deemed to be an amount having the

commercial effect of a borrowing; and (ii) the expressions, “allottee” and “real

estate project” shall have the meanings respectively assigned to them in clauses

(d) and (zn) of section 2 of the Real Estate (Regulation and Development) Act,

2016 (16 of 2016);] (g) any derivative transaction entered into in connection with

protection against or benefit from fluctuation in any rate or price and for

calculating the value of any derivative transaction, only the market value of such
transaction shall be taken into account; (h) any counter-indemnity obligation in

respect of a guarantee, indemnity, bond, documentary letter of credit or any other

instrument issued by a bank or financial institution; (i) the amount of any liability

in respect of any of the guarantee or indemnity for any of the items referred to in

sub-clause (a) to (h) of this clause;

Thus in view of the facts and circumstances narrated above, the applicant/financial

creditor submits that the respondent company/corporate debtor is unable to pay its

debts and therefore in such circumstances, it is just and equitable, that the

respondent company/corporate debtor is liable to be declared as insolvent by the

orders and directions of this Hon’ble Tribunal. Therefore it is humbly prayed that

the prayer sought in the instant petition ought to be allowed by this Hon’ble

Tribunal in the interest of law, equity and justice.

BEFORE THE NATIONAL COMPANY LAW TRIBUNAL,

AT NEW DELHI
INSOLVENCY APPLICATION NO______________ 2020
IN THE MATTER OF SECTION 7 OF THE INSOLVENCY AND
BANKRUPTCY CODE 2016,

IN THE MATTER OF:

M/s Kokra Resort and Spa Private Limited …Applicant/Financial Creditor

 VERSUS

M/s Wave Impex Private Limited. ...Respondent/Corporate debtor

Form1
(See sub-rule(1) of rule 4)

APPLICATION BY FINANCIAL CREDITOR TO INITIATE

CORPORATE INSOLVENCY RESOLUTION PROCESS
UNDER THE CODE
(Under section 7 of the Insolvency and Bankruptcy Code, 2016,
read with rule 4 of the Insolvency and Bankruptcy (Application
to Adjudicating Authority) Rules, 2016)

Date:
To,
The Registrar
Hon’ble National Company Law Tribunal
New Delhi- 110003

From,

M/s Kokra Resort and Spa Private Limited

Subject: Application to initiate corporate insolvency resolution process

against M/s Wave Impex Private Limited the Insolvency and Bankruptcy
Code, 2016.

Sir/Madam,

That the applicants hereby submit this application to initiate a corporate insolvency
resolution process in the matter of M/s Wave Impex Private Limited, the details for
the purpose of this application are set out below:

Part I

PARTICULARSOFAPPLICANTS
1. NAME OF FINANCIAL M/s Kokra Resort and Spa Private Limited
CREDITORS
2. IDENTIFICATIONNUMBER
OFFINANCIAL CREDITORS CIN No-U74999DL2016PTC306899

Copy of Master Data as per MCA Website

attached here with as Annexure I(B)
3. DATE OF INCORPORATION
OF THE FINIANCIAL 06/10/2016
CREDITORS

4. ADDRESSFORREGISTERED B-5/345 YAMUNA VIHAR,

OFFICE OF THE FINANCIAL
CREDITORS SHAHDARA DELHI -110053

5. NAME AND ADDRESS OF Himani Kapoor

THE PERSON AUTHORISED Advocate(D/7758/2019)
TO SUBMIT APPLICATION C-36, Ganesh Nagar,
ON ITS BEHALF New Delhi-110018
M: 8448772435
6. NAME AND ADDRESS OF
THE PERSON RESIDENT IN Himani Kapoor
INDIA AUTHORISED TO Advocate(D/7758/2019)
ACCEPT THE SERVICE OF C-36, Ganesh Nagar,
PROCESS ON ITS BEHALF New Delhi-110018
M: 8448772435

Part II
PARTICULARSOFCORPORATEDEBTOR
1 NAME OF M/s WAVE IMPEX PRIVATE LIMITED.
CORPORATEDEBTORS

2 IDENTIFICATION NUMBER
OFCORPORATE DEBTORS
CIN-U55101DL2004PTC129658

Copy of master data as per MCA Website is

attached herewith as Annexure I(C)
3 DATE OF INCORPORATION
OFCORPORATE DEBTORS
05/10/2004

4 ADDRESS FOR THE Hotel Holiday Inn, Asset Area-12,

REGISTERED OFFICE OF Hospitality District, Aero City,
THE CORPORATE DEBTORS Mahipalpur Delhi- 110037

PartIII

PARTICULARSOFTHEPROPOSED
INTERIMRESOLUTIONPROFESSIONAL

1. NAME,ADDRESS,EMAIL ID, Name:-Anurag Nirbhaya

AND THE REGISTRATION
NUMBEROF THEPROPOSED
INTERIM RESOLUTION Address:- 204, Sagar Plaza, District Centre
PROFESSIONAL
Laxmi Nagar, New Delhi - 110092

Email: anurag@canirbhaya.com

Registration Number: IBBI/IPA-

001/IP/P00870/2017-2018/11468
Written Communication of the Interim
Resolution Professional is annexed herewith
and marked as Annexure-II

Part IV
 PARTICULARS OF FINANCIAL DEBIT

1. Total Amount of Debt Rs. 1,52,50,000/-

granted
Principal Amount Rs. 1,00,00,000/- and
Interest @ 1.5% per month is Rs
52,50,000/-

2. AMOUNT CLAIMED TO Rs. 1,52,50,000/-

BE IN DEFAULT.
The date of default by the Corporate Debtor
is April 10th , 2017.

Part V

PARTICULARS OF FINANCIAL DEBT

1. Particulars of security Not Applicable

held, if any the date of its
creation, its estimated
value as per the creditor.
2. Particulars of an order of a The Financial Creditor is not aware of any
court, tribunal or arbitral such pending order or decision.
panel adjudicating on the
default, if any.

3. Record of default with the Not Applicable

informational utility, if
any

4. Details of succession Not Applicable

certification, or probate of
will or letter of
administration or a court
decree as may be
applicable under the
Indian Succession Act

5. The latest and complete Not Applicable

copy of the Financial
 Contract reflecting all the
amendments and waivers
to date.
6. A record of default as Not Applicable
available with any credit
information company.
7. Copies of entries in a Not Applicable
banker’s book in
accordance with the
Banker’s Books Evidence
Act, 1891.
8. List of other documents
attached to this application 1. True Copy of Board Resolution of
in order to prove the Financial Creditor Authorizing Mr. -
existence of financial debt, ___________ to sign petition and
the amount and date of Vakalatnama on behalf of the Financial
default. Creditor. Annexure I-(A)

2. True Copy of Master Data of Financial

Creditor as per the MCA Website.
Annexure I-(B)

3. True Copy of Master Data of Corporate

Debtor along with the signatory Details
of Corporate Debtor as per the MCA
Website. Annexure I-(C) (Colly)

4. True Copy of Memorandum of

Understanding. Annexure I-(D)

5. True Copy of Bank Statement of

Financial Creditor. Annexure I-(E)

6. True Copy of Notice issued by

Archeological Survey of India
Annexure I-(F)
 7. True Copy of Amended Memorandum
of Understanding. Annexure I-(G)

8. True Copy of Photos of Site and

hoarding put up by Archeological
Survey of India. Annexure I-(H)

9. True Copy of legal notice sent to

Financial Creditor to Corporate Debtor
along with the tracking report of the
same. Annexure I-(I) (Colly)

We, hereby certify that, to the best of our knowledge, Anurag Nirbhaya is fully
qualified and permitted to act as insolvency professional in accordance with the
Insolvency and Bankruptcy Code, 2016, and the associated rules and regulations.

The present petition is being filed by the Financial Creditor who have paid an
amount of Rs.25000/- towards the requisite fee for this application by way of a
Demand Draft drawn in favor of “Pay and Account Office, Ministry of Corporate
Affairs, New Delhi, bearing No. ____________dated ____________drawn on
_____________

It is also abundantly clear from the facts of the present case, that the respondent
has no intention whatsoever to repay the outstanding Loan amount along with
interest to the Applicants/Financial Creditors and infact the sole agenda of the
respondent is to somehow defeat the bonafide and genuine claim of the
Applicants/Financial Creditors.

RELIEF SOUGHT

1. INTERIM RELIEF:

The petitioners pray that pending final disposal of the present application,

with a view to protect the interests of the Financial Creditor this Hon’ble

Tribunal may be pleased to:

 (a) Pass an order prohibiting the Corporate Debtors from transferring,

creating encumbrances, alienating or disposing of any of its assets or

any legal right or beneficial interest therein.

2. FINAL RELIEF:

In view of facts stated hereinabove, circumstances as existent in the present

case and in the interests of justice, the Financial Creditor humbly pray that

this Hon’ble Tribunal may graciously be pleased to:

(a) Admit the present petition and initiate Corporate Insolvency

Resolution Process in respect of all the Corporate Debtors under the

provisions of the Code;

(b) Appoint the Interim Resolution Professional deemed appropriate by

this Hon’ble Tribunal to conduct the Corporate Insolvency Resolution

process and manage the operations of the Corporate Debtors;

(c) Declare the moratorium prohibiting the Respondent Companies from

transferring, creating encumbrances, alienating or disposing of any of

its assets or any legal right or beneficial interest therein;

(d) Pass an order prohibiting the institution of suit or continuation of

pending suits/proceedings against the Respondent Companies,

including execution of any judgment, decree or order in any court of

law, tribunal, arbitration panel or other authority;

(e) Pass an order prohibiting any action to foreclose, recover or enforce

any security interest created by the Respondent Companies in respect

of any property, including any action under SARFAESI Act, 2002;

(f) Pass an order prohibiting the recovery of any property by an owner or

lessor where such property is occupied by or in the possession of the

Respondent Companies;

(g) Direct the appointed Interim Resolution Professional to furnish an

information Memorandum to the Petitioners, and give the petitioners

access to all relevant information in physical and electronic form as

required by the petitioners to prepare a resolution plan;

(h) Pass any other order to protect the interests of the petitioners and

other creditors as this Hon’ble Tribunal may deem fit in the facts and

circumstances of the present case.

Yours Sincerely,

M/s Kokra Resort and Spa Private Limited

 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
AT NEW DELHI
INSOLVENCY APPLICATION No. _____________of 2020

IN THE MATTER OF:

M/s Kokra Resort and Spa Private Limited …Applicant/Financial Creditor

VERSUS

M/s Wave Impex Private Limited. ...Respondent/Corporate debtor

AFFIDAVIT

I ______________, aged about________,S/o ______________________R/o

_________________________do hereby solemnly affirm and declare as
under:-

1. I have been authorized on behalf of the applicant in the present application

and I am well conversant with the facts and circumstances of the case and
as such I am competent to swear this affidavit.
2. That the applicant has filed the accompanying application/Petition, the
contents of which may be treated as part and parcel of this affidavit as the
same are not being reproduced herein in order to avoid repetition.
3. That the contents of accompanying Application/Petition are true and
correct to the best of my knowledge and belief and the same has been
drafted and prepared by my counsel under my instruction.
4. Annexure (I-III) from page No.__________ of the accompanying petition
are true copies of their respective originals.

Deponent

VERIFICATION:

Verified at Delhi of this _________day of _________that the contents of the

aforesaid affidavit are true and correct to my knowledge. No part of it is
false and nothing material has been concealed there from.
Deponent