TO: THE CENTRAL PUBLIC INFORMATION OFFICER (CPIO) MINISTRY OF CORPORATE AFFAIRS (MCA) / NCLT PRINCIPAL BENCH NEW DELHI
SUBJECT: INFORMATION REGARDING ILLEGAL RECOVERY OF PRE CIRP INTEREST & VIOLATION OF SECTION 31 (CLEAN SLATE) IN JIL SURAKSHA RESOLUTION PLAN
REF: NCLT APPROVAL ORDER DATED 07 MAR 2023 (IA NO 2836 OF 2021) / PROJECT: JAYPEE KRESCENT HOMES
RESPECTED SIR OR MADAM
1) Select: MINISTRY OF CORPORATE AFFAIRS (MCA)
2) Select: NCLT PRINCIPAL BENCH NEW DELHI
TO: THE CENTRAL PUBLIC INFORMATION OFFICER (CPIO) MINISTRY OF CORPORATE AFFAIRS (MCA) / NCLT PRINCIPAL BENCH NEW DELHI
SUBJECT: INFORMATION REGARDING ILLEGAL RECOVERY OF PRE CIRP INTEREST & VIOLATION OF SECTION 31 (CLEAN SLATE) IN JIL SURAKSHA RESOLUTION PLAN
REF: NCLT APPROVAL ORDER DATED 07 MAR 2023 (IA NO 2836 OF 2021) / PROJECT: JAYPEE KRESCENT HOMES
RESPECTED SIR OR MADAM
I SUV***** ALLOTTEE OF UNIT KRH0****04 SEEK THE FOLLOWING PRECISE INFORMATION REGARDING THE SYSTEMIC VIOLATION OF THE NCLT APPROVED RESOLUTION PLAN BY THE SUCCESSFUL RESOLUTION APPLICANT (SRA & SURAKSHA REALTY):
1) ON SECTION 18 COMPLIANCE: STATE IF THE 20% COMPOUND INTEREST (AMOUNTING TO 1412% ESCALATION OVER 6 YEARS) CURRENTLY DEMANDED FROM THE ALLOTTEE WAS RECORDED AS AN ACCRUED & RECOVERABLE ASSET IN THE INFORMATION MEMORANDUM PREPARED UNDER SECTION 18 OF THE IBC
2)ON SECTION 31 (EXTINGUISHMENT OF CLAIMS): AS PER PARAS 17.7 & 17.8 (PAGE 261) OF THE NCLT ORDER DATED 07 MAR 2023 PROVIDE THE CERTIFIED COPY OF ANY PROVISION THAT ALLOWS THE SRA TO DEMAND INTEREST ON PRE CIRP DUES (LAST DEMAND RAISED IN JULY 2016) WHICH WAS NOT SPECIFICALLY SAVED OR CRYSTALLIZED IN THE APPROVED PLAN
3) ON FORWARD LOOKING IMPLEMENTATION: PROVIDE THE RECORD OF THE MONITORING REPORT SUBMITTED BY THE IMPLEMENTATION & MONITORING COMMITTEE (IMC) FROM THE DATE OF ITS APPOINTMENT TO APRIL 2026 SPECIFICALLY REGARDING THE VERIFICATION OF FINANCIAL DEMANDS THAT DEVIATE FROM THE JUDICIAL CLEAN SLATE MANDATE
4) ON ILLEGAL THREATS & RELITIGATION: PROVIDE THE RECORD OR DIRECTIVE ISSUED TO THE SRA TO PREVENT THE ILLEGAL USE OF UNIT CANCELLATION THREATS FOR NON PAYMENT OF EXTINGUISHED PRE CIRP INTEREST \ UNDER WHAT PROVISION IS THE SRA FORCING ALLOTTEES TO RELITIGATE ISSUES ALREADY SETTLED BY THE NCLT APPROVAL ORDER
5) ON DEVIATION FROM APPROVED PLAN: PROVIDE ANY JUDICIAL ORDER OR MCA NOTIFICATION THAT PERMITS THE SRA TO MODIFY THE FINANCIAL STRUCTURE OF THE APPROVED PLAN TO ENABLE BACKWARD RECOVERY OF 20% COMPOUND INTEREST FROM HOMEBUYERS
NOTE TO PIO: THIS INFORMATION IS SEEKED IN THE LARGER PUBLIC INTEREST OF 20000 FAMILIES FACING FINANCIAL EXTORTION \ FAILURE TO PROVIDE THIS WILL LEAD TO IRREPARABLE FINANCIAL INJURY TO CITIZENS
Yours Sincerely,