FHRAI

INDIA

News Details

Claimants of OYO HOTELS AND HOMES PVT. LTD.

27 th Apr 2021

The Managing Directors/ CEO's/ Owners/ Director/ Partners/ General Managers        

All FHRAI Members     

CC:  All Members of the Executive Committee             

        All Regional Associations.  

Sub: Filing Claims in Insolvency Proceedings of OYO HOTELS AND HOMES PVT. LTD.(OHHPL)

Dear Member,

This refers to the Public Announcement (attached herewith) by Insolvency Resolution Professional (IRP) Shri Keyur Jagdishbhai Shah on 5th April 2021 inviting claims from Operational Creditors of OYO subsequent to the Insolvency Order dated 30.03.2021 of NCLT Ahmedabad (attached herewith) which ordered the commencement of Corporate Insolvency Resolution Process ( CIRP) based on Insolvency Petition of  Mr Rakesh Yadav, an Operational Creditor of OHHPL who approached the NCLT for nonpayment of dues ( BMR ) and to recover claims of Rs. 16 Lakhs.

OHHPL took the plea that vide a letter 30/4/2019 Alcott Town Planners ltd. ( Now called OHHPL )  had transferred all its rights and obligations to MTH ( My Preferred transformation P. Ltd. ) and only MTH was liable and not OHHPL. The bench held that the very letter of Alcott transferring its rights and obligations to MTH discloses that there is no change in the earlier Agreement entered into by original parties and held OHHPL liable to make the payment.

Thereafter, Mr. Anuj Tejpal, Director of OHHPL approached the NCLAT vide Company Appeal (AT) (Ins) No. 298 of 2021 against the above Order of NCLT and the formation of CoC (Committee of Creditors) was stayed by Order dated 8.04.2021 whereas the CIRP proceedings continue and the IRP is operational.

Thereafter, the matter was heard on 16.04.2021 before NCLAT and next date of hearing is on 10th May 2021. The IRP informed the NCLAT that claims of over Rs. 160 Crores had been filed by other Claimants before 15th April 2021.

 In the interim, operational creditors may continue to file their claims with the IRP and the IRP shall consider to include all such claims.

As per the advisory, members may submit their claims in respective forms as per provisions of the CIRP Regulations & as mentioned in the public announcement, as available on IBBI website, before 10.05.2021. Relevant claim form can be downloaded from https://ibbi.gov.in/home/downloads.

All claimants, need to fill out Form B (attached herewith) for the purposes of submission to the Interim Resolution Professional of Oyo Hotel and Homes Pvt. Ltd., and email to cirp.oyohotels@gmail.com with cc to fhrai@fhrai.com. 

We hereby inform aggrieved members who have yet to file their claims to take this opportunity and submit their duly filled in claim Forms immediately.

 Kindly attach all supporting with the Form :

  1. Copy of complete Agreement executed between you/ your company/firm with Oyo Hotel and Homes Pvt. Ltd / Alcott Town Planners Pvt. Ltd / My Preferred Transformation & Hospitality Ltd.
  1. Master data of company from MCA portal and certificate of incorporation in case the Claimant is a company.
  2. Authority letter / board resolution authorizing one director/partner to sign and submit claim.
  3.  Aadhaar Card/ Pan Card of Directors / partners /proprietor.
  4. Statement of account or calculations of claims including interest till 31st March 2021 along with evidence of your claims.
  5. Fill up the Form completely and sign, notarize, scan and email the Form with all supporting and attachments to IRP.

 

In case you need any assistance please feel free to drop us an email on fhrai@fhrai.com or legal@fhrai.com .

 

Thanking You

 

With Regards

 

Jaison Chacko

Secretary General

__________________________________________________

The Federation of Hotel & Restaurant Associations of India

Regd. Off.: B-82, 8th Floor, Himalaya House, 23 K.G. Marg, New Delhi - 110 001

Tel.: 011-40780780, Email: fhrai@fhrai.com, Website: www.fhrai.com

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