Legal course available for SSI in Bankrupt Limited Company
Vikram Jhamb
(Querist) 13 January 2018
This query is : Open
Dear Experts
Request guidance in the following case
A Public Ltd company had placed order on us through a shell company but taken Advance Bank Guarantee in its own name ( No direct involvement of payments also )
The company is declared Bankrupt by RBI and has IRP sitting on it.
100 % tailor made material is ready for last 1 year, out of which 40 % material lifted after payment and adjustment of advance to that tune.
We filed claim with IRP but was rejected on grounds of not being a registered vendor of company.
The company is forcing us to extend BG every three months and pressuring us to withdraw case of claim against shell company and on giving in writing that we will not file a claim, they will take the material to the extend of balance advance amount and return BG.
This is in knowledge of IRP personal in charge now, who says that they cannot interfere and neither give assurance of non encashment of BG.
What is the remedy available for us, a SSI unit, whose 50 % money is lying dead and are incurring BG extension charges ?
Thanks
Vikram
Vikram Jhamb
(Querist) 13 January 2018
Dear Experts
Request guidance in the following case
A Public Ltd company had placed order on us through a shell company but taken Advance Bank Guarantee in its own name ( No direct involvement of payments also )
The company is declared Bankrupt by RBI and has IRP sitting on it.
100 % tailor made material is ready for last 1 year, out of which 40 % material lifted after payment and adjustment of advance to that tune.
We filed claim with IRP but was rejected on grounds of not being a registered vendor of company.
The company is forcing us to extend BG every three months and pressuring us to withdraw case of claim against shell company and on giving in writing that we will not file a claim, they will take the material to the extend of balance advance amount and return BG.
This is in knowledge of IRP personal in charge now, who says that they cannot interfere and neither give assurance of non encashment of BG.
What is the remedy available for us, a SSI unit, whose 50 % money is lying dead and are incurring BG extension charges ?
P. Venu
(Expert) 14 January 2018
The matter requires professional consultation.
Vikram Jhamb
(Querist) 17 January 2018
Thanks for response P.Venu...
My question was that is there any case by which we have grounds to proceed
Thanks
