TMI Blog2021 (3) TMI 301X X X X Extracts X X X X X X X X Extracts X X X X ..... For this purpose, he has relied upon the relevant records of the Corporate Debtor as well as the internal information shared with him while conducting the verification of the claim. Based on the same, he had re-computed the salary and allowances payable to the applicant (claimant) in view of the information available on record, which amounts to ₹ 91,10,085. But, an amount of ₹ 1,11,08,088/- is shown as paid in advance to Mr. Jayagovind as per the ledger data. The Claim submitted by the Applicant is silent on that aspect. Timely submission of documents with RP - HELD THAT:- The applicant should have submitted the documents sought for by the RP within 2 weeks from 14.12.2020. In the order in MA/177/KOB/2020, it was clearly stated that since the Resolution Professional (R.P) had already been received Resolution Plan from the prospective Resolution Applicant and the same is under consideration of the Committee of Creditors; the R.P was directed to explore all possibilities to settle the claim of the applicant and give a reply to the applicant before finalisation of the Resolution Plan. The 14 days from 14.12.2020 expired on 27.12.2020. However, the applicant has sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th for the months of January 2018 to April 2019 also, and to revise the amounts payable to the leave and gratuity on the basis of his actual salary of ₹ 12.05 lakhs per month, considering his service in the company from 28/8/1996 till April 2019. D. Allowing the applicant to realize the costs of these proceedings from this respondent and his assets. 2. The brief facts leading to the application is as under: a. This Tribunal vide order dated 16.10.2019 admitted IBA/11/KOB/2019 and ordered the Commencement of a Corporate Insolvency Resolution Process (CIRP in short) of M/s PVS Memorial Hospital Private Limited, Cochin and appointed Shri. Bijoy Pulipara as IRP/RP in the matter. b. The Resolution Professional (RP) made public announcement through FORM A calling upon all the creditors to submit their claim before 30.10.2019 to him. The Applicant had completed the FORM D along with proof of claim and submitted the same to the Resolution Professional by electronic means on 30.10.2019, with all the supporting documents as called for by the R.P. c. However, the applicant stated that he did not receive any communication from the office of the Resolution Professional ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to a mere ₹ 1.05 lakhs w.e.f. 01.01.2018. No documents submitted before the RP and this so-called revision said to be made was not even put to the applicant, before this was simply accepted by the RP. g. In the above circumstances, the applicant filed MA/177/KOB/2020 before this Tribunal and the Tribunal had disposed of that Miscellaneous Application on 14/12/2020, directing the Resolution Professional to receive the documents requested through his letter dated 2/11/2020 within two weeks from the date of the order and that if the documents are produced within two weeks, the respondent is liable to explore all possibilities to settle the claim of the applicant and to give a reply to the applicant before finalization of the Resolution Plan. h. The applicant submitted that as per the order, the documents are to be submitted within two weeks which expires only on 28.12.2020. Due to intervening Christmas holidays, the applicant could comply the orders of this Tribunal only on 28/12/2020 i.e., on the 14th day from the order. Before termination of his service on 31.12.2017, the applicant would have been entitled to 2 months notice pay and 3 months encashment of accumulated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... early stipulated in the Order passed by this Tribunal also. The R.P further stated that the applicant was informed that the Respondent will be able to admit/reconsider the claim only till the approval of the Resolution Plan by the Committee of Creditors. 5. It is further stated that as per the salary and allowances ledger account of PVS Memorial Hospital Private Limited ( Corporate Debtor ) for the period 01st April, 2017 to 31st March, 2018, an amount of ₹ 33,00,000/- (Rupees Thirty-Three Lakhs Only) was reversed by showing that being the excess salary provision of Mr. P Jayagovind for the month of January-March 2018 reversed-audit entry i.e. the salary of ₹ 11,00,000 (Rupees Eleven Lakhs Only) per month for the period January 2018 to March 2018 were reversed as part of the audit entry. The Applicant had submitted the claim for salary and other allowances for the period August, 2017 to April, 2019 and the reversal audit entries as mentioned were made from January, 2018 onwards only. 6. It was further submitted that the Form 16 submitted by the Applicant had reflected the salary amount pertaining to the Financial Years 2012-13 and 2013-14 and the bank statements ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as base salary. However, during verification of records by the R.P, it was found that the salary due entries are not shown in the ledger of Mr. P Jayagovind (applicant) from FY 2017-18 onwards, in the books of the Corporate Debtor. For this purpose, he has relied upon the relevant records of the Corporate Debtor as well as the internal information shared with him while conducting the verification of the claim. Based on the same, he had re-computed the salary and allowances payable to the applicant (claimant) in view of the information available on record, which amounts to ₹ 91,10,085. But, an amount of ₹ 1,11,08,088/- is shown as paid in advance to Mr. Jayagovind as per the ledger data. The Claim submitted by the Applicant is silent on that aspect. 11. With regard to the timely submission of documents with RP, the applicant should have submitted the documents sought for by the RP within 2 weeks from 14.12.2020. In the order in MA/177/KOB/2020, it was clearly stated that since the Resolution Professional (R.P) had already been received Resolution Plan from the prospective Resolution Applicant and the same is under consideration of the Committee of Creditors; the R.P ..... X X X X Extracts X X X X X X X X Extracts X X X X
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