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2021 (10) TMI 225 - Tri - Insolvency and BankruptcySeeking directions for the Respondent to accept the entire claim filed by the Applicant - partial rejection of claim dated as an Operational Creditor by the Resolution Professional - HELD THAT:- As per the Section 53(1) (c) of IBC 2016, the claims/ unpaid dues owed to employees other than workmen are distributed to the extent of “wages and any unpaid dues owed to employees other than workmen for the period of twelve months preceding the liquidation commencement date", therefore it is clear from Section 53, that the Applicant is not entitled to be paid any amount if any due on account of salary to the Suspended Managing Director prior to the period of twelve months. The R.P. has admitted the claim of ₹ 7,20,000.00 (Rupees Seven Lakhs Twenty Thousand Only), on the ground that it relates before the CIRP commencement date. RP has not committed any illegality or irregularity in not accepting the entire claim of ₹ 63,22,971.00 of the Applicant. The CIRP is in advanced stage. It is made clear that no one should make any attempt to delay the process of CIRP by filing irrelevant IAs. If further IAs are filed without any substance to delay the CIRP, the same may be dismissed with penalty/cost - RP is hereby directed to complete the CIRP in time and find out a Viable Resolution Plan for the MSME CD without further loss of time. Application dismissed.
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