FORM CA

SUBMISSION OF CLAIM BY FINANCIAL CREDITORS IN A CLASS

(Under Regulation 8A of the Insolvency and Bankruptcy (Insolvency Resolution Process for Corporate Persons)
Regulations, 2016)
Date: 21.12.2023
From
Mr. Ketan Desai
1/21, Nanik Niwas, 91, Bhulabhai Desai Road,
Opposite Tata Gardens, Breach Candy,
Mumbai - 400026

To
The Interim Resolution Professional,
Ms.Pournima Jayant Tungatkar
4A, Shree Ganesh Complex, S.No.86/1B/2B,
Gandhibhavan Road,Kothrud, Pune – 411038
email: irpradius23@gmail.com

Subject: Submission of claim and proof of claim.

Sir/Madam,

I Mr. Ketan Desai, hereby submits this claim in respect of the corporate insolvency resolution process of Radius and
Deserve Builders LLP (Wadhawa & Deserve Builders LLP) situated at One BKC, A Wing 1401, Plot No. C-66,
BKC, Bandra East, Mumbai – 400051. The details for the same are set out below:

RELEVANT PARTICULARS
1. Name of the financial creditor 1. Mr. Ketan Desai &
2. Mrs. Meera K Desai
2. Identification number of the financial creditor 1. PAN No. AAAPD6488M
(If an incorporated body, provide identification number and Aadhar No. 8169-2507-1510
proof of incorporation. If a partnership or individual, provide 2. PAN No. ADZPD6645A
identification records of all the partners or the individual) Aadhar No. 2583-4715-4250
3. Address and e-mail address of the financial creditor for 1/21, Nanik Niwas, 91, Bhulabhai Desai
correspondence. Road, Opposite Tata Gardens, Breach
Candy, Mumbai – 400026
drkmdesai63@gmail.com
4. Total amount of claim (in Rs.) a) Amount paid till date: Rs.44,36,434/-
b) Interest from.20/9/2021 (date when Ms.
Radius & Deserve Builders was
terminated as a developer in the project)
till 21/12/2023 = 4436434 x 18% x
2.25years = Rs.17,96,755
c) Total Claim = Rs. 62,33,189/-
The above financial claim is without
prejudice to my right for possession of my
Unit Number 503 in Tower 5 allotted to me
in accordance with Allotment Letter dated
06/09/2016
Note: The 18% interest rate is deduction
from the principle enshrined in RERA that
a flat buyer gets compensation at the same
rate that builder charges to the buyer if
there is delay in payments from the buyer.
5. Details of documents by reference to which the debt can be 1. Allotment Letter
substantiated 2. Receipts & Payment Copy
3. Bank Statement
4. Maha Rera Order dated 31/01/2023
6. Details of how and when debt incurred Unit Number 503 in Tower 5 in the SRA
Project at Chembur, Mumbai codenamed
“Project Anantya” was allotted to me
(Confirmation of Allotment Letter dated
06/092016), possession was promised by
31/12/2024. Payments were made as per
details in the attached Annexure 1. However
 Ms. Radius & Deserve Builders LLP has
been terminated as a developer in the
abovementioned SRA project on 20/9/2021
as a result the obligation of delivering the
above mentioned unit has not been fulfilled
7. Details of any mutual credit, mutual debts, or other mutual NIL
dealings between the corporate debtor and the creditor which
may be set-off against the claim
8. Details of any security held, the value of the security, and the My security interest in the property was
date it was given created on the date on which I received a
confirmation of allotment
9. Details of the bank account to which the amount of the claim or HDFC Bank Account No. 03561050015385,
any part thereof can be transferred pursuant to a resolution plan Branch – Charni Road,
IFSC Code: HDFC0000356
10. List of documents attached to this claim in order to prove the 1. Allotment Letter
existence and non-payment of claim due 2. Receipts & Payment Copy
3. Bank Statement
4. Maha Rera Order dated 31/01/2023
11. Name of the insolvency professional who will act as the Hemant Mehta
Authorized representative of creditors of the class Regd no: IBBI/IPA-001/P-00027/2016-
17/10060

Mr. Ketan Desai Mrs. Meera K. Desai

Signature of financial creditor or person authorised to act on its behalf

Name in BLOCK LETTERS: Mr. Ketan Desai & Mrs. Meera Desai

Position with or in relation to creditor: Self

Address of person signing: 1/21, Nanik Niwas, 91, Bhulabhai Desai Road, Opposite Tata Gardens, Breach Candy,
Mumbai - 400026

DECLARATION

I, Mr. Ketan Desai & Mrs. Meera Desai, currently residing at 1/21, Nanik Niwas, 91, Bhulabhai Desai
Road, Opposite Tata Gardens, Breach Candy, Mumbai - 400026, do hereby declare and state as follows: -

1. Radius and Deserve Builders LLP, the corporate debtor was, at the insolvency
commencement date, being the 27th September 2023, actually indebted to me for a sum of Rs.
44,36,434/- +Interest Rs. 1796755/- – Total Claim: Rs. 62,33, 189/-(Rupees Sixty Two
Lakhs Thirty three Thousand One Hundred and Eighty Nine Only)
2. In respect of my claim of the said sum or any part thereof, I have relied on the documents
specified below:
a. Allotment Letter
b. Receipts & Payments made Copies
c. Bank Statement
d. Maha Rera Order dated 31.01.2023
3. The said documents are true, valid and genuine to the best of my knowledge, information and
belief and no material facts have been concealed therefrom.
4. In respect of the said sum or any part thereof, neither I, nor any person, by my order, to my
knowledge or belief, for my use, had or received any manner of satisfaction or security
whatsoever, save and except the following:
5. I am hereby submitting my claim without prejudice to my rights and remedies under the laws
of India including but not limited to the Consumer Protection Act, 1986 and the Real Estate
(Regulation and Development) Act, 2016 or any other law for the time being in force.
6. I further expressly reserve my rights to initiate any and/or all kinds of civil and/or criminal
proceedings under any law against Ms. Radius & Deserve Builders LLP or any other related
person or entity as per my contract with such entity. I am also expressly reserving my right to
claim the property and am not relinquishing or diluting any of my rights against the property
as per my contract with Ms. Radius & Deserve Builders LLP
7. I am not a related party of the corporate debtor, as defined under section 5 (24) of the Code.
 8. I am eligible to give voting instruction to the authorized representative by virtue of proviso to
section 21 (2) of the Code even though I am a related party of the corporate debtor.

Date: Mumbai

Place: 21.12.2023

(Signature of the claimant)

VERIFICATION

I, Mr. Ketan Desai the claimant hereinabove, do hereby verify that the contents of this proof of claim are
true and correct to my knowledge and belief and no material fact has been concealed therefrom.

Verified at … on this 21st day of December, 2023

(Signature of claimant)