9911796707
TMI Blog2021 (6) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... ofessional to explain the reasons for holding back the salaries of Applicants herein for January to April, 2019; b) Direct the Resolution Professional to disburse the salaries for the months of January to April, 2019 forthwith and thereafter as and when the same becomes due, to the Applicants herein, without any further delay and report compliance with the same to the Hon'ble Adjudicating Authority within a period of 30 days from the date of the Hon'ble Adjudicating Authority's Order; c) Direct the Resolution Professional to disburse the superannuation dues of the Applicant No. 4 forthwith, without dispute or demur; d) In the event RP proposes to terminate the employment and if permissible, the Resolution Professional to g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have received the salary for the said period. RP has orally communicated that no salary will be paid to the suspended management and that he will not consider the expenses incurred during the period from 08.01.2019 to 23.04.2019 when the CIRP order was stayed by the Hon'ble Supreme Court. 6. Further, the RP has also declined to pay TDS on salary pursuant to the period from 14.12.2018 to 31.03.2019, stating that TDS does not pertain to CIRP period. 7. The Respondent has filed his reply. It is submitted that the Applicants are not entitled to any of the reliefs sought for in the present Application. Further, it is noteworthy that the non-payment of dues of the erstwhile management was the direct result of lack of funds and reluctance on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orate Debtor and appointed Mr. Divyesh Desai as the liquidator. ii. In view of the above order, the Applicants are directed to approach the liquidator with proper details of their claims in respect of the salary dues for the CIRP period. The liquidator shall decide the same in accordance with law. iii. Applicant No. 4 has claimed a sum of Rs. 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. ORDER The Application be and the same is disposed of with the above directions. There would however be no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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