BEFORE THE HON’BLE SMALL CAUSES JUDGE AT BENGALURU
SC:-
BETWEEN:-
…COMPLAINANT
AND
…ACCUSSED
APPLICATION FILED UNDER SECTION 14 (A) OF THE
INSOLVENCY OF BANKRUPTCY
The undersigned Counsel for the Accused most humbly submits
before this Hon’ble Court, for the reasons mentioned in the
accompanying affidavit, a plea to dismiss the above Petition
filed against the Accused on an account that the Accused is an
LLP, incorporated under LLP Act 2008 and he is a corporate
debtor, for which no suit or proceedings shall lies against him
and same may be taken on records in the interest of justice.
BENGALURU
DATE: /06/2025 ADVOCATE FOR
ACCUSED
BEFORE THE HON’BLE SMALL CAUSES JUDGE AT BENGALURU
SC:-
BETWEEN:-
…COMPLAINANT
AND
…ACCUSSED
AFFIDAVIT
I, _________________S/o ____________Resident at
______________________do hereby, solemnly affirm and state on
oath as follows:-
1. I submit that, I am the accused in the above case, and I
am well conversant with the facts of the case. Hence, I am
swearing to this affidavit.
2. I submit that, I am the IRP of M/s VEPL, (Venkat Estates
Private Limited), who is the Corporate Debtor and I am
now under the CIRP ( Corporate Insolvency Resolution
Process) under the directions of the Hon’ble NCLT,
Bengaluru Bench, order dated 04.06.2025 and vide case
No. CP/IB/88 of 2025.
3. I submit that, I am the corporate debtor of the
Company________which is the LLP incorporated under the
LLP Act, 2008 on 30th March 2010.
4. I submit that, I went in to CIRP on 08/04/2021 as per the
Hon’ble National Company law Tribunal’s order and the
resolution professional was appointed on 08/04/2021 and
moratorium was declared on 08/04/2021.
5. I submit that, the Hon’ble National Company law Tribunal
on 20th June 2024 passed an order for liquidation and a
moratorium was declared. Hence, as per section 14(a) of
the IBC code, 2016 the Adjudicating authority shall by
order declare moratorium for prohibition of all the
proceedings. The liquidator was made aware of one such
proceedings before the Hon’ble Commercial Court under
the case bearing No______,and same was dismissed on the
reasons accustomed herewith.
6. I most humbly submit that, In view of the certified copies
of the Hon’ble National Company Law Tribunal as Annexed
herewith, the Complainant may make the claims before
the Liquidator as per the provisions of IBC code, 2016.
WHEREFORE, this Hon’ble Court may be pleased to allow the
application in the interest of justice. If the accompanying
application is not allowed the Accused will be put to irreparable
loss, injury and hardship. On the other hand, no hardship would
be caused to the other by allowing the same.
I state that the contents of the application made are all true
and contents to the best of my knowledge and belief and that it
conceals nothing and no part of it is false.
IDENTIFIED BY ME
DEPONENT
(SWORN BEFORE ME)
ADVOCATE
BENGALURU,
Date: .06.2025