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2020 (12) TMI 756 - Tri - Insolvency and BankruptcyPermission to applicant to be impleaded as a party respondent in Applications - Section 60 (5) (a) & (c) of the Insolvency & Bankruptcy Code, 2016 - HELD THAT:- The applicant being an unsecured financial creditor, will be directly affected if any amount over and above what is actually payable is paid to the Workmen. They have further stated that the applicant has averred that the Respondent has admitted and entertained certain claims which were filed beyond the last date for submission of the claims. In this regard, the Respondent submitted that these amounts are admitted liability in the books of accounts maintained by the Corporate Debtor and hence the Liquidator is duty bound to accept the same in accordance with Regulation 19 (4) and Regulation 25. Despite the same, certain employees/workmen without knowing that their claims were already accepted as reflected in the books of accounts had also obtained orders of this Tribunal to submit the same before the Respondent - The Respondent liquidator stated that he has executed his duties as per provisions of law and the present application deserves to be adjudicated as per judicial discretion of this Tribunal. Maintainability of Intervention Application filed by Respondent 1 - Section 60 (5) (a) of the Insolvency & Bankruptcy Code, 2016 read with Rule 11 and 32 of the NCLT Rules - HELD THAT:- It is seen that there is a collusion by the Liquidator with the applicant M/s Kopran Limited in filing the present M.A in order to defeat the rightful claims of the ex-workers of their legitimate dues. This will be clear from the counter filed by him in the present M.A. The Liquidator can make the legitimate payment of the applicant Kopran Limited but that should not be at the costs of the workmen of Excel Glasses Limited - The application is liable to be dismissed as not maintainable. Applications disposed off.
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