TMI Blog2018 (2) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 9 of the I & B Code cannot be filed in the representative capacity of 284 workers. The petitioner has filed this petition in the representative position of 284 employees which is not maintainable under Section 9 of the I & B Code. The operational creditor himself can file a petition regarding the debt of other persons, only in case debt is assigned or transferred to him. On this ground, the petition is not maintainable. - CP (IB) NO. 701/KB/2017 - - - Dated:- 3-1-2018 - MR. V. P. SINGH AND MR. JINAN K. R., JJ. For The Petitioner : Soorjya Ganguli, Ms. Pooja Chakrabarti and Somdutta Bhattacharyya, Advs. For The Respondent : Akhilesh Kumar Shrivastava and Shakeel Mohammed Akhter, Advs. ORDER Per : V. P. Singh, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7; 21,98,37,600/- for compensation . 4. It is the case of the applicant that 102 workers, who are not covered by Payment of Wages Act, 1936 have filed for recovery of ₹ 2,71,24,186/- as arrears of wages under Section 33C(1) of the Industrial Disputes Act, 1947. The amount claimed to be in default is ₹ 40,33,75,260/-. A statement of total due salaries of 102 workers and 182 workers are annexed with the application in tabular form and marked as Annexure - B. 5. The applicant further submits that 182 workers who are covered by Payment of Wages Act, 1936 have filed individual claim case for unpaid wages before the Labour Court, Jamshedpur. The corporate debtor had filed a writ petition before the Ranchi High Court for guashing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al debt is owed and includes any person to whom such debt has been legally assigned or transferred. 8. Shri Suresh Narayan Singh who has filed this petition has not been assigned or transferred operational debt of other workers, on whose behalf this petition has been filed. Therefore he cannot be considered as an operational creditor. Two hundred and eighty-four workers of Tayo Rolls Ltd. has only authorised Shri Suresh Narayan Singh to pursue their case before the NCLT, but it does not mean that they have assigned or transferred their debt in his name. Thus the petitioner Shri Suresh Narayan Singh cannot be considered as an operational creditor. Since Shri Suresh Narayan Singh does not owe the debt of 284 workers and those operationa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to move an application either by itself or jointly with another financial creditor for initiating corporate insolvency process against the corporate debtor. It is also important to mention that under Adjudicating Authority Rules 2016, Form 5 is prescribed for applying Sections 8 9 of the I B Code. 13. In Form 5, a Note is given at the end, which is as follows:- Where workmen/employees are operational creditors, the application may be made either in an individual capacity or a joint capacity by one of them who is duly authorised for the purpose. 14. The above footnote given in Form 5 is not in consonance with the provision of Section 8 of the I B Code, because Section 8 does not authorise joint application or joint De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Operational Creditor individually and not jointly. Otherwise, also it is not practical for more than one operational creditor to file a joint petition. Individual Operational Creditors will have to issue their individual claim notice under Section 8 of the I B Code. The claim will vary which will be different. Date of notice under Section 8 of the I B Code in different cases will be different. It will have to be issued in format(s). Separate Form-3 or Form-4 will have to be filled. A petition under Section 9 in the format will contain, separate individual data. 17. On the ground, it is clear that petition deserves to be rejected as not maintainable. ORDER The petition filed under section 9 of the I B Code is reje ..... X X X X Extracts X X X X X X X X Extracts X X X X
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