TMI Blog2021 (6) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 69,73,619/- towards superannuation benefits apart from salary during CIRP. As far as this claim is concerned, major portion of the claim relates to pre-CIRP period and thus he has to file the claim as an Operational Creditor and the liquidator should consider the same in accordance with Law. Application disposed off. - MA No. 4004/MB/2019 in CP (IB) No. 619/MB/2018 - - - Dated:- 10-6-2021 - Janab Mohammed Ajmal, Member (J) And V. Nallasenapathy, Member (T) For the Appellant : Sanat R. Jariwala, Practising Chartered Accountant For the Respondents : Rishabh Chandra, Advocate i/b Vaish Associates, Advocates ORDER V. Nallasenapathy, Member (T) 1. The Applicants, who are the Suspended Management/former employee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Creditors (CoC) held on 02.05.2019. The order of admission was stayed by the Hon'ble Supreme Court for a brief period from 08.01.2019 to 23.04.2019. 3. It is submitted that the Applicant No. 1 was the Executive Director, Applicant No. 2 was the Chairman and the Managing Director, Applicant No. 3 was the Whole Time Director and Applicant No. 4 was the Chief Finance Officer of the Corporate Debtor. Details of the salaries due to them are as follows: 4. It is submitted by the Applicants that subsequent to the commencement of the CIRP w.e.f. 14.12.2018, they have not received their respective salaries. The RP has discriminated against them and failed to disburse the salaries of the Applicants as shown in the above table. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... previously approved by the CoC and the RP being an independent party in the process cannot be held liable for such non-payment of dues. The Applicant Nos. 1 3 were present during the 12th meeting of the CoC wherein the agenda for payment of salaries was put to vote and rejected by the CoC. Further, it were the Applicants who had failed to provide all the required information in terms of salaries etc. which caused delay in CIRP and compelled the RP to file an Application under Section 19(2) of the Code. Therefore, the allegations that no justification has been provided by the RP for non-payment or violation of the provisions of the Contract Act are denied. 8. We have heard the counsels appearing for the parties and have gone through the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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