Alok is a dealer in Eyewear, Spectacles and other eye accessories in India for the last 10 years based in Gurgaon. His vision was to transform the way people see and experience the world. He is a frequent traveller and v

CS Professional · Insolvency and Bankruptcy - Law and Practice · PYQS · June 2024
Alok is a dealer in Eyewear, Spectacles and other eye accessories in India for the last 10 years based in Gurgaon. His vision was to transform the way people see and experience the world. He is a frequent traveller and visited many countries to expand his business. Gulshan is one of the cousins of Alok and a resident of South Africa. Alok has a very good relations with his cousin and during his visit to South Africa in 2015 he started a showroom in partnership with his cousin in South Africa. Alok has a very big showroom in India also. He used to import spectacles and other accessories from South Africa. With the increasing demand of more and more spectacles, goggles etc., business is reaching greater heights and he made a huge profit. His business was a growing business going very well. Since there was huge demand, the business went well and profits got multiplied in 3 to 4 years. In the year 2019 some differences developed between both the cousins and Alok decided to quit from the partnership. He was also a director of Padmavat Solutions Private Limited and its associate company. Shekhawat Solutions Private Limited where he used to get the sitting fee for attending the Board Meetings. In India also due to entry of online selling platform and other sales promotion strategies of the competitors, there were lots of changes in the market situation in India and his business started running into losses. He raised loans worth ₹ 10 Crore in the year 2019 to finance the working capital requirement of the business. He managed for another one year (year 2020) to run the business out of the retained earnings of the business. However due to the impact of COVID 19 and other reasons the demand declined rapidly and later on he started making defaults. He defaulted in making payment to his creditors and Insolvency proceedings commenced and a repayment plan was approved. Alok failed to follow the repayment plan and filed for bankruptcy on 1st April, 2022 which was admitted on 10th April, 2022. A Bankruptcy order was passed and Gopal Gupta, an Insolvency Professional was appointed as a Bankruptcy Trustee. Gopal Gupta started investigation of the affairs of the Bankrupt. He observed that on 7th April, 2022, Alok Gupta sold his shop to Kapil Kalra for ₹ 50 Lakh and gifted this amount to his major son. As per Bankruptcy Trustee, he has some doubt that this transaction is not allowed as per Insolvency and Bankruptcy Code, 2016. The Bankruptcy Trustee further asked Alok to prepare the list of the assets and hand over to the bankruptcy trustee. As per the list of the assets, Alok informed as below: Alok stated that he has been entrusted by his friend Arun to look after his property in Delhi currently valued at ₹ 1 Crore as Arun is staying in UK. Alok has ₹ 50 Lakh in provident fund, pension fund and the gratuity fund of the employees. Alok has a residential flat worth ₹ 2 Crore in his name. He has an antique paintings and silver household utensils and other valuable items worth ₹ 50 Lakh which have not been encumbered. He has also unencumbered insurance policy worth of ₹ 50 Lakh. He has also the father's inherited property now in his name worth ₹ 5 Crore. While bankruptcy proceedings were going on, Alok further decided to start a new business of kids garments by forming a new company in the name of "Kids Paradise Pvt. Ltd." and engage himself in the formation and management of Kids Paradise Pvt Ltd. (Under Incorporation). Based on the above facts, ascertain the assets, which will form part of the estate of the Alok.

Answer & Explanation:

According to Section 155 (1) of the Code, the estate of the bankrupt shall include, - a) all property belonging to or vested in the bankrupt at the bankruptcy commencement date; b) the capacity to exercise and to initiate proceedings for exercising all such powers in or over or in respect of property as might have been exercised by the bankrupt for his own benefit at the bankruptcy commencement date or before the date of the discharge order passed under section 138; and c) all property which by virtue of any of the provisions of this Chapter is comprised in the estate. Further as per Section 155(2) of the Code, the estate of the bankrupt shall not include - a) Excluded assets (as mentioned under Section 79 (14) of the Code b) Property held by the bankrupt on trust for any other person; c) All sums due to any workman or employee from the provident fund, the pension fund and the gratuity fund; and d) Such assets as may be notified by the Central Government in consultation with any financial sector regulator. Assets which form part of the Estate of Alok Gupta: Particular Amount (₹) Residential Property of Alok Gupta 2,00,00,000 Alok Gupta's father's property inherited by him 5,00,00,000 Unencumbered antique painting and silver household utensils and other valuable items (as they are not necessary to satisfy basic domestic needs of the bankrupt and his family member) 50,00,000 Total 7,50,00,000 Hence, according to above stated provisions of IBC, assets of ₹ 7.5 Crore will form part of the estate of the Bankrupt, Mr. Alok.

Topics: Bankruptcy for Individuals and Partnership Firms

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