Posted on 01/08/2021
Updated on 01/10/2021
A) There are many confusions among the members. I’ll try to solve only two confusions:
- You’ve to pay Rs. 5000 per customer ID (not per FD)
- It is a well-drafted case at the SC between Dr. Debaprasad Bandyopadhyay and Ors. & the Union of India regarding the very legitimacy or constitutionality of the IBC⤡ (vide i) Standing Committee’s Report on the IBC, Parliament of India ⤡ ⤡ ; ii) IBC: Govt. working with RBI on CoC’s conduct⤡)
B) Send the following mail to the DHFL Team:
Email Body/Body of the Letter:
Kindly stand informed that the payment received, if any, in pursuance of the Resolution Plan approved by the NCLT vide order dated 07.06.2021, shall be received in protest and treated as part payment of the full refund of the deposit of FD amount, as per the statutory guarantee under RBI and NHB Acts. Receipt of the payment shall not be considered as consent to the Resolution Plan. It is also brought to your notice that there are several cases before various forums, including the NCLAT, several High Courts and the Supreme Court, which are pending adjudication.
Further, as an aggrieved investor, I reserve my right to challenge the Resolution Plan and the payment made therein before any Forum.
Therefore, you are requested to refrain from taking any action towards disbursement or alienation of assets of DHFL, till the matter is finally decided.
Send the above mail to the following Email IDs:
C) Greetings from August Attorneys LLP!
As discussed, considering the paucity of time, it is requested that an initial sum of Rupees Five thousand only (Rs. 5,000/-) be deposited directly into the below mentioned Bank Account of ‘AUGUST ATTORNEYS LLP’ towards the expenses of the Writ Petition.
In addition to a sum of Rs. 5000/-, the following details are also required: –
1.Signed vakalatnama, on behalf of each individual FD Holder
5.Permanent Address of the FD Holder
6.Proof of payment of aforesaid amount, clearly specifying the account number from which such payment has been made
7.Copy of the FD/Debenture or claim form or any other document showing the liability pending from DHFL.
ACCOUNT HOLDER: AUGUST ATTORNEYS LLP
BANK NAME: HDFC BANK LTD.
ACCOUNT NUMBER: 50200052959523
IFSC CODE: HDFC0000708
BRANCH: GR.FL.DCM, Building 16 Barakhamba
Road, New Delhi-110001
The concerned contact people are:
Name : Priya Shyam Nair Designation :Manager-Operations Contact Number :9003478216 Email Id :Contact@augustattorneys.com Name : Vijay Kumar Designation :Senior Accounts Manager Contact Number :9310715160 Email Id :
Thanks & Regards
Priya Shyam Nair
August Attorneys LLP
EMAIL ID: firstname.lastname@example.org
“The proposed course of action would be where the FD Holders demand that the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019 and Notification bearing No. S.O 4139 (E) dated 18.11.2019 passed by the Central Government should be declared arbitrary, illegal, unjust and against public interest, thereby violating Articles 14, 19, 21, 26, 29 and 30 of the Constitution of India and Reserve Bank of India Act, 1934. Reserve Bank of India should be directed to undertake the revival/ restructuring of Dewan Housing Finance Corporation Ltd, as was done in the case in exercise of powers conferred under Section 45 (1) of the Banking Regulation Act, 1949. Reserve Bank of India should undertake the resolution of Dewan Housing Finance Corporation Ltd. in public interest, in terms of Sections 45-MBA and 45-QA of the Reserve Bank of India Act, 1934. FD Holders should also challenge the resolution plan approved by the CoC and seeking that the Hon‟ble Court scrap the plan in full or at least partly, allowing the fixed depositors to be paid in full, as thousands of common people have invested their incomes and monies with the Corporate Debtor as way of fixed deposits.”