Form No. 27 - Petition by creditor - Limited Liability Partnership (Winding up and Dissolution) Rules, 2010

Form No. 27 [ See rule 101] [Heading as in Form No. 16] LLP Petition No. ......of 20... Petition by creditor The petition of [insert full name, description, occupation and address of petitioner] showeth as follows: 1. The address of the petitioner above-named for the service of all notices, processes, etc., is that of his authorized representative Shri ................at ............ 2. The LLP above-named, viz., .................. (hereinafter referred to as the LLP ) (LLPIN..............) was incorporated in the month of............20..........under the Limited Liability Partnership Act, 2008. 3. The registered office of the LLP is situate at............... 4. The business of the LLP is....................... 5. The names of partners and designated partners are as under: 6. The LLP is indebted to the petitioner in the sum of Rs. ............ for [state consideration for the debt, with particulars, showing that the debt claimed is due]* 7. The petitioner applied to the LLP for the payment of his debt by his notice of demand signed and dated.............served on LLP by causing it to be delivered at its registered office, by registered post or otherwise, but the LLP has failed to pay the sum or to provide adequate security or re-structure or compound the debt the reasonable satisfaction of the creditor. 8. The two-third in value of creditors of the LLP consented that the LLP will not be able to pay for its debts in full from the proceeds of assets to be sold in voluntary winding-up and propose that the LLP be wound-up under the supervision of the Tribunal as winding-up by the Tribunal. [Where the LLP is being already wound-up voluntarily, set out the facts showing that the voluntary winding-up cannot be continued with due regard to the interests of the creditors.] 9. The petitioner, therefore, prays as follows: 1. That the..................... LLP may be wound-up by the NCLT..............Bench under the provisions of the Limited Liability Partnership Act, 2008. 2. Such other order may be made in the premises as shall be just. Authorised Representative for the Petitioner Petitioner *Where the petitioner is an assignee of a debt due by the LLP, say so, and set out the particulars of the debt, the date of the assignment, whether notice of the assignment was given to the LLP and if so, the date of such notice.