Recovery User Manual Part 2

Transcription

1 Recovery User Manual Part 2 Version 3.1 Version 3.1 Last Revised On :

2 Recovery Modules covered in Part-I Recovery Roles Migration of Recovery Certificates Recovery Certificates from Defaulter Process Issue of CP-2 Issue of CP-1 Creation of Challan and Payment Irrecoverable Process Version 3.1 Last Revised On :

3 Covered Modules in Part-2 Issue of CP3 Attaching Movable Properties Issue of CP4 Debts not secured by Negotiable Instruments Issue of CP5 Shares in Corporation Issue of CP6 Movable Asset under 3 rd Party s Immediate Possession Issue of CP7 Decree of Civil Court Issue of CP8 Share or interest in Movable property Issue of CP9 Negotiable Instrument Version 3.1 Last Revised On :

4 Issuing CP s subsequent to CP 2 The Recovery Officer issues Notice of demand in Form CP-2 allowing 15 days time(forthwith) to make compliance thereof. In the event of failure to comply with such Notice, the Recovery Officer follows one or more of the following modes of recovery: Attachment of Movable assets Attachment of Immovable assets Attachment of Shares Attachment of Accounts Attachment of a decree of a civil court Attachment of debts not secured by negotiable instruments Attachment of property consisting of an interest in partnership property Attachment of Salary Arrest Warrant and others Version 3.1 Last Revised On :

5 Issuing CP s subsequent to CP 2 (cont..) Recovery DA/Recovery Officer can generate the letter. Recovery Officer only can approve the letter. On Approval Recovery Officer/Recovery DA can print the letter. Main CP CP-3, CP-4,CP-5, CP-6, CP-7, CP-8, CP-9, CP-11, CP-12, CP-12A, CP-15, CP-24, CP-26, CP-31, 45-G, PROHIBITORY ORDER Generation of main CP s can be initiated by the following link Recovery Recovery Task Initiate CP (against a specific Employer) Inner CP (Inner CP designates those CPs which are issued subsequent to Main CPs CP-16, CP-17, CP-19, CP-22, CP-23, CP-25, CP-27, CP-28, CP-29 Generation of inner CP S can be initiated by the following link Recovery Recovery Task View CP Select the Main CP and subsequently issue inner CP Version 3.1 Last Revised On :

6 Issue of CP 3 The following path helps to create CP3 Recovery Recovery Task Select Employer Code Initiate CP Version 3.1 Last Revised On :

7 Issue of CP 3(Cont...) Under the login of Recovery DA User need to Select the Employer s code Version 3.1 Last Revised On :

8 Issue of CP 3 User need to click on Initiate CP On selecting employer code the existing screen navigates to main screen. Official will select Initiate CP tab to create the CPs Version 3.1 Last Revised On :

9 Issue of CP 3 Click on Initiate CP Select type of Certificate preceding, Issued against CP Typed, check Issued Ref number, Next Action Date, Next action to be taken and finally click on Generate Version 3.1 Last Revised On :

10 Issue of CP 3 Official has to enter fields like - 1.Recovery Inspector Name 2.Recovery Inspector Location 3. Defaulter Name 4. Warrant Return Date Remarks Version 3.1 Last Revised On :

11 Issue of CP 3 User need to click on Approve User need to click on Print User need to click Version 3.1 Last Revised On : on Print

12 Issue of CP 3 Version 3.1 Last Revised On :

13 Issuing CP 16 (subsequent to issue of CP-3) Click on View CP Version 3.1 Last Revised On :

14 Issuing CP 16 (cont ) User has to 1. Select type of certificate from radio button 2. certificate type from drop down 3. Change status as Warrant of sale 4. Then Attach Supporting Document 5. Enter Remark 6. Click on Generate Version 3.1 Last Revised On :

15 Issuing CP 16 (cont ) User need to enter 1. Time Period 2. Property details 3. Description of Property and Remarks, then need to click on Submit Version 3.1 Last Revised On :

16 Issuing CP 16 (cont ) Version 3.1 Last Revised On :

17 Issuing CP 16 (cont )Under the Login of Recovery Officer User need to click Approve CP Version 3.1 Last Revised On :

18 Issuing CP 16 (cont )Under the Login of Recovery Officer Approved Successfully User need to click on Approve, will give Message Click on History Version 3.1 Last Revised On :

19 Issuing CP 16 (cont )Under the Login of Recovery Officer/DA User need to click on Print After entering all mandatory fields User need to click on Print Version 3.1 Last Revised On :

20 Issuing CP 16 (cont )Under the Login of Recovery Officer/DA Version 3.1 Last Revised On :

21 Issuing CP 17 (subsequent to issue of CP-3) Click on View CP Version 3.1 Last Revised On :

22 Issuing CP 17 (subsequent to issue of CP-3) User has to 1. Select type of certificate from radio button 2. certificate type from drop down 3. Change status as Proclamation of sale 4. Then Attach Supporting Document 5. Enter Remark 6. Click on Generate Version 3.1 Last Revised On :

23 Issuing CP 17 (subsequent to issue of CP-3) Official has to enter fields like - 1. Defaulter Address 2. Demand Notice Date(CP2) 3. Public Auction Date 4. Time of Auction 5. Reserve Price of the Property(Below which the Property will not be Sold) 6. Details of Any Encumbrances 7. Remarks Version 3.1 Last Revised On :

24 Issuing CP 17 (subsequent to issue of CP-3)CP Approval under the login of Recovery Officer Click on approve Version 3.1 Last Revised On :

25 Issuing CP 17 (subsequent to issue of CP-3)CP History Click on History Version 3.1 Last Revised On :

26 Issuing CP 17 (subsequent to issue of CP-3)CP History Click on History User need to click on Print Version 3.1 Last Revised On :

27 Issuing CP 17 (subsequent to issue of CP-3)CP History After entering all mandatory fields User need to click on Print Version 3.1 Last Revised On :

28 Issuing CP 17 (subsequent to issue of CP-3)CP History Version 3.1 Last Revised On :

29 Issuing of CP 19 User need to click on View CP Version 3.1 Last Revised On :

30 Issuing of CP 19 User has to 1. Select type of certificate from radio button 2. certificate type from drop down 3. Change status as Auction of sale 4. Then Attach Supporting Document 5. Enter Remark Version 3.1 Last Revised On :

31 Issuing of CP 19 Official has to enter fields like - 1.Buyer Name 2. Amount 3. Defaulter Name 4. Auction date 5. Remarks Version 3.1 Last Revised On :

32 Issuing of CP 19 User need to click on Approve CP Version 3.1 Last Revised On :

33 Issuing of CP 19 User need to click on Approve User need to click on History User need to click on Print Version 3.1 Last Revised On :

34 Issuing of CP 19 After entering all mandatory fields User need to click on Print Version 3.1 Last Revised On :

35 Issuing of CP 19 Version 3.1 Last Revised On :

36 Updating the Status User need to click on Submit Version 3.1 Last Revised On :

37 Updating the Status User need to click on Submit Version 3.1 Last Revised On :

38 Updating the Status(Cont...) Change status will be updated under Status of CP. Once the Certificate Proceedings is over, the status should be changed to Closed. This will remove the activity. User need to click on Submit Version 3.1 Last Revised On :

39 Issue of CP-4 Recovery Officer issues CP-4 in two cases Case I :: Debt - The creditor from recovering the debt Case II :: Credit- The debtor from making payment When the property details of the defaulter consist of debts not secured by negotiable instruments a written prohibitory order is made against the defaulter Recovery Officer/ Recovery DA can initiate CP4 against CP2 Recovery Officer can approve CP-4 created from Approve CP CP4 can be issued against the Recovery Certificate from following link Recovery Recovery Task Initiate CP (after selecting the Employer) Version 3.1 Last Revised On :

40 Issue of CP-4(Cont...) User need to click on Initiate CP Version 3.1 Last Revised On :

41 Issue of CP-4(Cont...) User need to select the 1. Type of CP 2. Issued Against CP Type 3. Issued Against Ref No. 4. Certificate No., 5. has to enter Next Action Date & Next Action to be Taken 6. click on Generate Version 3.1 Last Revised On :

42 Issue of CP-4(Cont...) Use need to enter 1. Defaulter name 2. Address to 3. Address 4. Name of Creditor/Debtor and Remark 5. click on Submit Version 3.1 Last Revised On :

43 Issue of CP-4(Cont...) Version 3.1 Last Revised On :

44 Issue of CP-4(Cont...) User need to click on Approve CP Version 3.1 Last Revised On :

45 Issue of CP-4(Cont...) User need to click on Approve CP User need to click on Print Version 3.1 Last Revised On :

46 Issue of CP-4(Cont...) User need to fill all mandatory fields and click on Print Version 3.1 Last Revised On :

47 Issue of CP-4(Cont...) Version 3.1 Last Revised On :

48 Issue of CP-5 Recovery Officer will issue Prohibitory order in case where the defaulters property consists of shares in a Corporation If the amount is not paid after the issue of demand notice in Form CP-2, then the Recovery Officer will issue FORM CP-5 as one of Recovery proceedings. Notice will be issued to both defaulter and the company whose shares the defaulter holds Version 3.1 Last Revised On :

49 Initiating of CP-5 The Recovery Officer will select CP5 from Type of Certificate Proceedings. The user will enter all fields to generate CP Creating Inner CP s (CP16, CP17 and CP19) for CP 5 is similar to that of Inner CP S created for CP3 The CP can be approved from Approve CP tab On approve CP the reference task no. will disappear under the Approve CP tab CP 5 can be initiated by following the path- Recovery Recovery Task Initiate CP (after selecting the employer ) Version 3.1 Last Revised On :

50 Issue of CP-5(Cont...) User need to click on Initiate CP Version 3.1 Last Revised On :

51 Initiating of CP-5 User need to select the 1. Type of CP 2. Issued Against CP Type 3. Issued Against Ref No. 4. Certificate No., 5. has to enter Next Action Date & Next Action to be Taken 6. click on Generate Version 3.1 Last Revised On :

52 Initiating of CP-5 1. Use need to enter Principle Officer name, Name of corporation, Defaulter name, and Remark 2. And has to click on Submit Version 3.1 Last Revised On :

53 Initiating of CP-5 Approved Successfully User need to click on Approve User need to click on Print Version 3.1 Last Revised On :

54 Initiating of CP-5 User need to fill all mandatory fields and click on Print Version 3.1 Last Revised On :

55 Initiating of CP-5 Version 3.1 Last Revised On :

56 Initiating of CP-5 Once CP-5 is issued the process will be to issue CP-16 (Refer to CP-3 procedure) CP-17 (Refer to CP-3 procedure) CP-19 (Refer to CP-3 procedure) (Slide 13 onwards for procedure of CP-16,Cp-17,CP-19) Version 3.1 Last Revised On :

57 Issue of CP-6 The Prohibitory order where the defaulter s property is a movable asset and is currently under 3 rd party s immediate possession, the Recovery officer will issue FORM-CP6. FORM CP-6 will be sent to defaulter as well as the holder of the movable property. Movable property is handed over then all steps from Warrant of sale (CP-16) to realisation of the sales proceeds as in (FORM CP-3) Version 3.1 Last Revised On :

58 Issue of CP-6(Cont...) Recovery Officer/ Recovery DA will select the Reference number for which CP6 has to be issued. Select CP6 from Type of Certificate Proceedings against Issued CP2. Enter all the fields to generate CP6. Select all the fields and click on generate to generate the CP CP6 will be approved from Approve CP tab On approve CP the reference task no. disappears under the Approve CP tab CP 6 can be initiated from the path Recovery Recovery Task Initiate CP (after selecting the Employer) Version 3.1 Last Revised On :

59 Initiating of CP-6 User need to click on Initiate CP Version 3.1 Last Revised On :

60 Initiating of CP-6 1. User need to select the CP, Issued Against CP Type, Issued Against Ref No., Certificate No., 2. has to enter Next Action Date & Next Action to be Taken 3. And has to click on Generate Version 3.1 Last Revised On :

61 Initiating of CP-6 1. User need to enter Immediate Possessor name, Address of Possessor, Defaulter name and Remark 2. And has to click on Submit Version 3.1 Last Revised On :

62 Initiating of CP-6(Under the login of Recovery Officer) Approved Successfully Use need to click on Approve Use need to click on Print Version 3.1 Last Revised On :

63 Initiating of CP-6 User need to fill all mandatory fields and click on Print Version 3.1 Last Revised On :

64 Initiating of CP-6 Version 3.1 Last Revised On :

65 Initiating of CP-7 Recovery Officer will issue CP7 against CP2 on selecting the reference number Recovery officer will send a notice on FORM CP-7 to the civil court requesting the civil court to stay the execution of the decree unless and until the recovery officer cancels the notice or the defaulter applies to the court to execute the decree on receiving such notice. The issued CP7 can be approved by the Recovery Officer from Approve CP tab CP-7 can be closed form View CP by updating the CP status Upon updating the status as cp closed, CP will disappear from the list CP 7 can be initiated from the path Recovery Recovery Task Initiate CP (after selecting the Employer) Version 3.1 Last Revised On :

66 Initiating of CP-7 Use need to click on Initiate CP Version 3.1 Last Revised On :

67 Initiating of CP-7 1. User need to select the CP, Issued Against CP Type, Issued Against Ref No., Certificate No., 2. has to enter Next Action Date & Next Action to be Taken 3. And has to click on Generate Version 3.1 Last Revised On :

68 Initiating of CP-7 1. User need to enter name of court, court details, defaulter name, Decree date, suit no., defendant name, remark 2. has to click on Generate Version 3.1 Last Revised On :

69 Initiating of CP-7 Click on Approve CP Version 3.1 Last Revised On :

70 Initiating of CP-7(Under the login of Recovery Officer) Approved Successfully Click on Approve Click on Print Version 3.1 Last Revised On :

71 Initiating of CP-7 User need to fill all mandatory fields and click on Print Version 3.1 Last Revised On :

72 Initiating of CP-7 Version 3.1 Last Revised On :

73 Initiating of CP-8 Further to the issuing CP s if the amount is not paid by the defaulter the Recovery Officer will issue order sale of the attached property by issuing a Warrant of sale of property in Form CP-16 to the recovery inspector Proclamation of sale is made in Form CP-17 setting the terms and date of sale Sale is conducted by public auction, after 15 days of notice. If sale is intended to be conducted within 15 days notice then written consent of the defaulter is taken A certificate of sale is issued to the purchaser in Form CP-19 (User can refer to issue of CP 16, CP 17 and CP 19 under Issue of CP3). CP 8 can be initiated from the path Recovery Recovery Task Initiate CP (after selecting the Employer) Version 3.1 Last Revised On :

74 Initiating of CP-8 Click on Initiate CP Version 3.1 Last Revised On :

75 Initiating of CP-8 1. User need to select the CP, Issued Against CP Type, Issued Against Ref No., Certificate No., 2. has to enter Next Action Date & Next Action to be Taken 3. And has to click on Generate Version 3.1 Last Revised On :

76 Initiating of CP-8 User need to enter 1. Defaulter/partner/shareholder name 2. Address of Defaulter/partner/shareholder 3. Name of defaulter 4. Name of co owner 5. Remark 6. Click on Submit Version 3.1 Last Revised On :

77 Initiating of CP-8 Approved Successfully Click on Approve Click on Print Version 3.1 Last Revised On :

78 Initiating of CP-8 User need to fill all mandatory fields and click on Print Version 3.1 Last Revised On :

79 Initiating of CP-8 Version 3.1 Last Revised On :

80 Initiating of CP-9 Recovery Officer will issue CP 9 when the negotiable instrument is not deposited in a court or in the custody of a public officer. (Refer to issue of CP 16, CP 17 and CP 19 under Issue of CP3). CP 9 can be initiated from the path Recovery Recovery Task Initiate CP (after selecting the Employer) Version 3.1 Last Revised On :

81 Initiating of CP-9 Click on Initiate CP Version 3.1 Last Revised On :

82 Initiating of CP-9 1. User need to select the CP, Issued Against CP Type, Issued Against Ref No., Certificate No., 2. has to enter Next Action Date & Next Action to be Taken 3. And has to click on Generate Version 3.1 Last Revised On :

83 Initiating of CP-9 1. User need to enter Attaching Officer, Address of Attaching Officer, Attachment Date, Name of defaulter, Description of Property, Amount, Remark. 2. click on Submit Version 3.1 Last Revised On :

84 Initiating of CP-9 Approved Successfully Click on Approve Click on Print Version 3.1 Last Revised On :

85 Initiating of CP-9 User need to fill all mandatory fields and click on Print Version 3.1 Last Revised On :

86 Initiating of CP-9 Version 3.1 Last Revised On :

87 Initiating of CP-9 Once CP-9 is issued the process will be to issue CP-16 (Refer to CP-3 procedure) CP-17 (Refer to CP-3 procedure) CP-19 (Refer to CP-3 procedure) (Slide 14 onwards for procedure of CP-16,Cp-17,CP-19) Version 3.1 Last Revised On :

88 Thank You Version 3.1 Last Revised On :