Notice Twenty First CoC ATIL
Notice Twenty First CoC ATIL
NOTICE
OF
TWENTY-FIRST MEETING
OF
VENUE:
Page 1 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
NOTICE is hereby given that in accordance with the provisions of Regulations 18, 19, 20 &
21 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for
Corporate Persons) Regulations, 2016, the Twenty-first meeting of the Committee of
Creditors of Alchemist Township India Limited (ATIL) (Undergoing Corporate Insolvency
Resolution Process) will be held on Wednesday, 17th April, 2024 at 04:00 P.M. to transact
the business as specified in the enclosed Agenda.
In accordance with the provisions of Regulation 21(2) of the Insolvency and Bankruptcy
Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016,
the members / participants of Committee of Creditors (CoC) may attend/ participate and
vote in the meeting either in person or through an authorized representative. Provided
that such participant shall inform the undersigned, in advance, of the identity of the
authorized representative, who will attend and vote on behalf of the participant in the
meeting. Also, the participants shall be able to participate through video conferencing or
other audio / visual means. In this regard, the participant is requested to intimate the
undersigned at least 24 (Twenty-Four) hours in advance, i.e., by 16th April, 2024 till 04:00
P.M.
In terms of the proviso to Section 21(2) of the Insolvency and Bankruptcy Code, 2016, a
related party to whom a Corporate Debtor owes a financial debt shall not have any right
of representation, participation and voting in the meeting of Committee of Creditors.
However, the said provision shall not apply to a Financial Creditor, regulated by a financial
sector regulator, if it is a related party of the Corporate Debtor solely on account of
conversion or substitution of debt into equity shares or instruments convertible into
equity shares, prior to the insolvency commencement date.
Sd/-
(DEVENDRA SINGH)
RESOLUTION PROFESSIONAL
IN THE MATTER OF ALCHEMIST TOWNSHIP INDIA LIMITED,
(UNDERGOING CORPORATE INSOLVENCY RESOLUTION PROCESS)
REGN. NO. IBBI/IPA-002/IP-N00001/2016-17/10001
ADD.: - Assotech Business Cresterra, Office No. 216,
2nd Floor, Sector-135, Noida, Uttar Pradesh-201305
E-MAIL: [email protected], [email protected]
DATE: 11.04.2024
PLACE: NOIDA
Enclosed: (1) List of persons to whom the notice of the CoC meeting is being sent;
(2) Agenda, Notes to Agenda, Explanatory Statements and the
Resolutions proposed to be passed.
Page 2 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
Page 3 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
ITEM
PARTICULARS
NO.
A. List of matters to be discussed/noted
1. The Resolution Professional (RP) to take the Chair.
2. To ascertain the quorum of the meeting in accordance with the provisions of
Regulations 22 of the Insolvency and Bankruptcy Board of India (Insolvency
Resolution Process for Corporate Persons) Regulations, 2016.
3. To approve the minutes and Summary Record of the twentieth meeting of CoC.
4. To take note on the status of claims received from the Creditors in a Class.
5. To take note of the steps taken by the Resolution Professional since the
conclusion of twentieth meeting of CoC held on 09.10.2023.
6. To take note on the IA No. 157 of 2024 filed before the Hon’ble NCLT, New Delhi
for approval of Resolution Plan.
Page 4 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
ITEM
PARTICULARS
NO.
2. To discuss and approve the extension of Interval period between meetings of CoC
on quarterly basis, as per the amended Regulation 18 (1) of Insolvency and
Bankruptcy Board of India (Insolvency Resolution process for Corporate Persons)
Regulations, 2016.
Sd/-
(DEVENDRA SINGH)
RESOLUTION PROFESSIONAL
IN THE MATTER OF ALCHEMIST TOWNSHIP INDIA LIMITED,
(UNDERGOING CORPORATE INSOLVENCY RESOLUTION PROCESS)
REGN. NO. IBBI/IPA-002/IP-N00001/2016-17/10001
ADD.:- Assotech Business Cresterra, Office No. 216,
2nd Floor, Sector-135, Noida, Uttar Pradesh-201305
E-MAIL: [email protected], [email protected]
DATE: 11.04.2024
PLACE: NOIDA
P. S.: Notes to the Agenda appended hereto is an integral part of the Notice.
Page 5 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
2. In terms of Section 25A(2) of the Insolvency and Bankruptcy Code, 2016, it shall be the
duty of the authorized representative to circulate the agenda and minutes of the
meeting of the committee of creditors to the financial creditors he represents;
3. As per Regulation 13(2) of the Insolvency and Bankruptcy Board of India (Insolvency
Resolution Process for Corporate Persons) Regulations 2016, the list of creditors will
be available for inspection at the venue of the Meeting;
4. In terms of Regulation 21(1) and 23(1) of the Insolvency and Bankruptcy Board of India
(Insolvency Resolution Process for Corporate Persons) Regulations, 2016, a participant
can attend the Meeting through video conferencing or other audio and visual means.
Thus, participants intending to attend the meeting though such means, he/she shall
write to the signatory of the notice at least Twenty-Four hours before the time fixed
for the Meeting at the email id mentioned herein along with their location. It is to be
noted that the participants attending the Meeting through such means would also be
considered as part of quorum;
5. As per Regulation 21(2) of the Insolvency and Bankruptcy Board of India (Insolvency
Resolution Process for Corporate Persons) Regulations, 2016, a participant may attend
the Meeting by himself or through an authorized representative. A participant
attending through an authorized representative shall inform the signatory of the
notice, at least Twenty-Four hours in advance, the identity of the authorized
representative who will attend and vote at the Meeting on its behalf. Also, the
authorized representative is requested to carry an Identity Proof for his/ her
identification;
6. As per Section 21 of the Insolvency and Bankruptcy Code, 2016, a Financial Creditor or
Authorized Representative of such Financial Creditor, if it is a related party of the
Corporate Debtor, shall not have any right of representation, participation or voting in
the Meeting, subject to exceptions mentioned thereunder;
7. As per Section 21(8) of the Insolvency and Bankruptcy Code, 2016, all decisions of the
CoC (except those u/s 12, 22, 27, 28, 30 and 33) shall be taken by a vote of not less
Page 6 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
than Fifty One percent of the Financial Creditors. Whereas, all decision of the CoC
(those under the exception) shall be taken by a vote of not less than Sixty Six percent
of the Financial Creditors;
8. As per Section 25(3A) of the Insolvency and Bankruptcy Code, 2016, the authorized
representative shall cast his vote on behalf of all the Financial Creditors he represents
in accordance with the decision taken by a vote of more than fifty per cent of the
voting share of the financial creditors he represents, who have cast their vote;
9. As per Section 24(4) of the Insolvency and Bankruptcy Code, 2016, the directors of the
Corporate Debtor attending the Meeting shall not have any right to vote at the
Meeting and absence of any such director shall not invalidate the proceedings of the
meeting;
10. As per Regulation 25(6) of the Insolvency and Bankruptcy Board of India (Insolvency
Resolution Process for Corporate Persons) Regulations 2016, the authorised
representative shall circulate the minutes of the meeting to creditors in a class and
announce the voting window at least twenty-four hours before the window opens for
voting instructions and keep the voting window open for at least twelve hours;
11. As per Regulation 26(1A) of the Insolvency and Bankruptcy Board of India (Insolvency
Resolution Process for Corporate Persons) Regulations 2016, the authorized
representative shall exercise the votes either by electronic means or through
electronic voting system as per the voting instructions received by him from the
creditors in the class;
12. As per provisions of Regulation 25(4) of the Insolvency and Bankruptcy Board of India
(Insolvency Resolution Process for Corporate Persons) Regulations, 2016, at the
conclusion of voting at the meeting, the decision taken on each of the items along with
the names of the Members of the CoC who voted for or against the decision, or
abstained from voting will be announced;
Page 7 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
(i) The Resolution Professional has made necessary arrangements with Technovus
Solutions to facilitate the e-voting. In connection thereto, the following schedule of
timing is fixed in accordance with the provisions contained in the Insolvency and
Bankruptcy Code, 2016 and Regulations thereto.
(ii) The voting period shall begin after the minutes of the meeting have been circulated
by electronic means to all the members of committee and remains open for at-least
24 hours thereafter (“Voting Period”). During this period, the members of the CoC
are being provided with a platform to cast their vote electronically.
(iii) As specified in Regulation 26 (3) of the Insolvency and Bankruptcy Board of India
(Insolvency Resolution Process for Corporate Persons) Regulations 2016, at the end
of the voting period, the e-voting portal shall forthwith be blocked by the service
provider.
(iv) As specified in Regulation 26 (4) of the Insolvency and Bankruptcy Board of India
(Insolvency Resolution Process for Corporate Persons) Regulations 2016, at the
conclusion of a vote held under this Regulations, the Resolution Professional shall
announce and make a written record of the summary of the decision taken on a
relevant agenda item along with the names of the members of the committee who
voted for or against the decision, or abstained from voting.
(v) As specified in Regulation 26 (5) of the Insolvency and Bankruptcy Board of India
(Insolvency Resolution Process for Corporate Persons) Regulations 2016, the
Resolution Professional shall circulate a copy of the record made under sub-
regulation (4) to all participants by electronic means within 24 hours of the
conclusion of the voting.
• Voting to start for the Financial Creditors in any Class: 24 hours after
circulation of Minutes by the AR to the members of Financial Creditor in a
class (Homebuyers).
• Voting to close for the Financial Creditors in a Class: Two (2) days after
commencement of voting (minimum prescribed time is 12 hours).
• Voting to start for other Financial Creditors (including AR): After 2 hours of
closure of voting for the members of financial creditors in a class.
Page 8 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
• Voting to close for other Financial Creditors (including AR): 24 hours after
commencement of the voting
Page 9 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
ITEM NO. A1
THE RESOLUTION PROFESSIONAL (“RP”) TO TAKE THE CHAIR.
As per Regulation 24(1) of the Insolvency and Bankruptcy Board of India (Insolvency
Resolution Process for Corporate Persons) Regulations, 2016, [“CIRP Regulations”] the
Resolution Professional shall act as the Chairman of the meeting of the CoC. Accordingly,
the Resolution Professional to Chair the Twenty First CoC meeting of Corporate Debtor.
ITEM NO. A2
TO ASCERTAIN THE QUORUM OF THE MEETING IN ACCORDANCE WITH THE PROVISIONS
OF REGULATIONS 22 OF THE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA
(INSOLVENCY RESOLUTION PROCESS FOR CORPORATE PERSONS) REGULATIONS, 2016.
As per Regulation 22(1) of the Insolvency and Bankruptcy Board of India (Insolvency
Resolution Process for Corporate Persons) Regulations, 2016, the quorum for the meeting
of members of the committee shall be at least 33% of the voting rights, present either in
person, or by video conferencing or other audio/visual means. Nevertheless, the
committee may modify the percentage of voting rights required for quorum in respect of
any future meetings of the committee. Further, in terms of Regulation 24 of the Insolvency
and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons)
Regulations, 2016, at the commencement of a meeting, the resolution professional shall
take a roll call when every participant attending through video conferencing or other
audio and visual means.
ITEM NO. A3
TO APPROVE THE MINUTES AND SUMMARY RECORD OF THE TWENTIETH MEETING OF
COC HELD ON 09.10.2023.
The minutes of Twentieth meeting of the CoC of ATIL held on Monday, 09th October, 2023,
were circulated to all the members of CoC/participants on 09th October, 2023, in
compliance with Regulation 24(7) of the Insolvency and Bankruptcy Board of India
(Insolvency Resolution Process for Corporate Persons) Regulations, 2016 and the
Summary record of E-Voting, after concluding the E-voting process, were also circulated
Page 10 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
to the members of the CoC on 15th October, 2023 in accordance with Regulation 26(5) of
the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for
Corporate Persons) Regulations, 2016. The members of the Committee are requested to
consider and approve the minutes and Summary Records of the Twentieth CoC meeting.
ITEM NO. A4
The updated status of Claims received for the period under review shall be placed before
the members in the CoC meeting.
ITEM NO. A5
TO TAKE NOTE OF THE STEPS TAKEN BY THE RESOLUTION PROFESSIONAL SINCE THE
CONCLUSION OF TWENTIETH MEETING OF COC HELD ON 09.10.2023.
ITEM NO. A6
TO TAKE NOTE ON THE IA NO. 157 OF 2024 FILED BEFORE THE HON’BLE NCLT, NEW
DELHI FOR APPROVAL OF RESOLUTION PLAN.
The Resolution Professional shall apprise the member of CoC that the IA No. 157/2024
filed by RP for approval of Resolution Plan before Hon’ble AA on 03.01.2024. The next
date of hearing in the matter is 10.05.2024.
Page 11 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
ITEM NO. A7
TO TAKE NOTE OF THE UPDATED STATUS ON VARIOUS APPLICATIONS PENDING
BEFORE HON’BLE NATIONAL COMPANY LAW TRIBUNAL NEW DELHI / ROUSE AVENUE
DISTRICT COURT, NEW DELHI / SUPREME COURT, HIGH COURT OF CALCUTTA AND
NEW DELHI ETC.
The Resolution Professional shall apprise the member of CoC that the updated status on
various application pending before Hon’ble NCLT/ Rouse Avenue District Court, New
Delhi / Supreme Court, High Court of Calcutta and New Delhi etc. The status on the same
shall be placed before the members of CoC in the meeting.
ITEM NO. B1
Page 12 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
Regulation 33 & 34 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution
Process for Corporate Persons) Regulations, 2016.
The CIRP expenses incurred till 09.10.2023 since insolvency commencement date were
placed by the RP in Twentieth CoC meeting held on 09.10.2023 and the same were
approved by the CoC. However for the utmost transparency and to facilitate the members
of CoC, the Resolution Professional herein provides the expenses incurred by the Interim
Resolution Professional / Resolution Professional, in accordance with Section 5(13)(c) &
(e) of Insolvency and Bankruptcy Code, 2016 read with Regulation 31, 33 and 34 of the
Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate
Persons) Regulations 2016, in insolvency resolution process of the Corporate Debtor since
the Insolvency Commencement Date to 31.03.2024. The details of the same shall be
placed before the members in the CoC meeting.
Accordingly, the following resolution shall be placed for consideration and approval of the
members of Committee of Creditors:
Resolution:
To consider and if thought fit, to pass with or without modification the following
Resolution:
Page 13 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
ITEM NO. B2
TO DISCUSS AND APPROVE THE EXTENSION OF INTERVAL PERIOD BETWEEN MEETINGS
OF COC ON QUARTERLY BASIS, AS PER THE AMENDED REGULATION 18 (1) OF
INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (INSOLVENCY RESOLUTION PROCESS
FOR CORPORATE PERSONS) REGULATIONS, 2016
As per the amended provisions of Regulation 18(1) of the Insolvency and Bankruptcy
Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016;
“A resolution professional shall convene a meeting of the committee before lapse of
thirty days from the last meeting: Provided that the committee may decide to extend
the interval between such meetings subject to the condition that there shall be at least
one meeting in each quarter.”
That in the present case, the Resolution Plan of Corporate Debtor has been approved by
the members of CoC in its 20th meeting dated 09.10.2023, Accordingly the application for
same has been filed as IA No. 157 of 2024 on 03.01.2024 by the Resolution Professional
which is pending for Adjudication before Hon’ble NCLT, New Delhi. In view of same, the
Resolution Professional hereby recommends to conduct the meetings on quarterly basis
instead of monthly basis to apprise the members of CoC regarding necessary
developments, with the liberty to convene the meeting of CoC earlier also if and when
required.
Accordingly, the following resolutions shall be placed before the CoC for their
consideration and approval.
Resolution:
To consider and if thought fit, to pass with or without modification the following
Resolution:
Page 14 of 15
NOTICE OF TWENTY-FIRST COC MEETING | ALCHEMIST TOWNSHIP INDIA LIMITED
“RESOLVED THAT pursuant to the provision of Section 18 (1) of the Insolvency and
Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons)
Regulations, 2016, the consent of members of COC be and is hereby accorded to convene
at least One CoC meeting on quarterly interval basis/period.
The member of committee is entitled to raise any other matter for discussion and due
deliberation with the permission of the Chair. In case, there is no such matter from any
member of the CoC, the meeting will be concluded with a vote of thanks by Resolution
Professional.
Sd/-
(DEVENDRA SINGH)
RESOLUTION PROFESSIONAL
IN THE MATTER OF ALCHEMIST TOWNSHIP INDIA LIMITED,
(UNDERGOING CORPORATE INSOLVENCY RESOLUTION PROCESS)
Regn. No. IBBI/IPA-002/IP-N00001/2016-17/10001
Add.: - Assotech Business Cresterra, Office No.216,
2nd Floor, Sector-135, Noida, Uttar Pradesh-201305
E-mail: [email protected], [email protected]
DATE: 11.04.2024
PLACE: NOIDA
Page 15 of 15