TMI Blog2021 (8) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... t was found that application were filed on 13.03.2020, which were prior to or on the same day of the modified order of the Liquidator, which was communicated by e-mail dated 21.08.2020. The present Applications should have been filed within 14 days of the decision of the Liquidator i.e., on 21.08.2020. However, the applications were filed before or on the date of the final order of the Liquidator - the applicants failed to make out any case so as to interfere in the impugned action of the respondent. Application dismissed as premature. - MA/31/KOB/2020, MA/32/KOB/2020 - - - Dated:- 11-8-2021 - MA/31/KOB/2020, MA/32/KOB/2020, MA/33/KOB/2020, MA/34/KOB/2020, MA/35/KOB/2020, MA/36/KOB/2020, MA/37/KOB/2020, MA/38/KOB/2020, MA/39/KOB/2020, MA/40/KOB/2020, MA/41/KOB/2020, MA/42/KOB/2020, MA/43/KOB/2020, MA/44/KOB/2020, MA/45/KOB/2020, MA/46/KOB/2020, MA/47/KOB/2020 ,MA/48/KOB/2020, MA/49/KOB/2020, MA/50/KOB/2020, MA/51/KOB/2020, MA/52/KOB/2020, MA/53/KOB/2020, MA/54/KOB/2020, MA/55/KOB/2020, MA/56/KOB/2020, MA/57/KOB/2020, MA/58/KOB/2020, MA/59/KOB/2020, MA/60/KOB/2020, MA/61/KOB/2020, MA/62/KOB/2020, MA/63/KOB/2020, MA/64/KOB/2020, MA/65/KOB/2020, MA/66/KOB/2020, MA/67/KOB/2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imating the liquidation of the subject company calling upon the stakeholders of the subject company to submit proof of their claims on or before 20.11.2019. Brief description about the applicants: MA/31/KOB/2020 The appellant Jobin C Joseph stated that he was a Sorter of the Corporate Debtor since 02.09.2006. On seeing the Public Announcement dated 22.10.2019, he had submitted his claim in Form E to the respondent claiming amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. Upon receipt of the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by email dated 18.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as ₹ 8,94,539/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant s claim. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by email dated 16.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as ₹ 10,38,418/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant s claim. However, as per the list of Details of Claims of Workmen/ Employees uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 that the claim to the tune of ₹ 1,24,751/- has been admitted by the respondent and an amount of ₹ 9,13,667/- has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/34/KOB/2020 The appellant Rajesh A. stated that he was a Swab Boy in I.S Machine Department of the Corporate Debtor since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... details of the amounts due to him, as ₹ 9,29,243/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant s claim. However, as per the list of Details of Claims of Workmen/ Employees uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 that the claim to the tune of ₹ 35,069/- has been admitted by the respondent and an amount of ₹ 17,64,931/-(sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/36/KOB/2020 The appellant Pramod Kumar K. R. stated that he was a Sorter of the Corporate Debtor since 17.05.2005. The Power of Attorney (dated 31.01.2020) holder of the appellant Mrs. Teenamol A.J. filed this appeal. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 22.11. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent and an amount of ₹ 15,60,727/- (sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/38/KOB/2020 The appellant Mathew Francis stated that he was a Packer in the service of the Corporate Debtor since 01.09.2006. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 18.11.2019. Upon receipt of the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 15.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as ₹ 8,93,091/- The appellant submitted that despite submission of claim, respondent did not communicate the decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 19.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as ₹ 8,85,177/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant s claim. However, as per the list of Details of Claims of Workmen/ Employees uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 that the claim to the tune of ₹ 95,963/- has been admitted by the respondent and an amount of ₹ 18,32,892/- (sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/41/KOB/2020 The appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant s claim. However, as per the list of Details of Claims of Workmen/ Employees uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 27.02.2020 that the claim to the tune of ₹ 35,086/- has been admitted by the respondent and an amount of ₹ 14,64,914/-(sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/43/KOB/2020 The appellant Sebastian Michael stated that he was a Swab Boy in I.S Machine in the service of the Corporate Debtor since 03.05.2005. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 22.11.2019. Upon receipt of the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s application under Section 42 of the Code. MA/45/KOB/2020 The appellant Ajith Kumar. K stated that he was a Sorter in the service of the Corporate Debtor since 23.04.1998. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 19.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as ₹ 10,28,660/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant s claim. However, as per the list of Details of Claims of Workmen/ Employees uploaded on the website of the subject compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 39 (2) of Code from the appellant, by Email dated 15.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as ₹ 8,98,878/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant s claim. However, as per the list of Details of Claims of Workmen/ Employees uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 that the claim to the tune of ₹ 28,445/- has been admitted by the respondent and an amount of ₹ 11,71,555/-(sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/48/KOB/2020 The appellant Natarajan K. B. stated that he was a Packer in the service of the Corporate Debtor since 14.09.1996. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bject company on 02.01.2020, the appellant came to know on 29.02.2020 that the claim to the tune of ₹ 89,187/- has been admitted by the respondent and an amount of ₹ 17,10,813/-(sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/50/KOB/2020 The appellant Nizar. A stated that he was a Packer in the service of the Corporate Debtor since 02.09.2006. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 22.11.2019. Upon receipt of the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 18.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... renchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 18.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as ₹ 10,16,750/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant s claim. However, as per the list of Details of Claims of Workmen/ Employees uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 27.02.2020 that the claim to the tune of ₹ 77,183/- has been admitted by the respondent and an amount of ₹ 15,53,551/-(sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/53/KOB/2020 The appellant Anton ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant s claim. However, as per the list of Details of Claims of Workmen/ Employees uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 that the claim to the tune of ₹ 83,200/- has been admitted by the respondent and an amount of ₹ 14,16,800/- (sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/55/KOB/2020 The appellant Prajesh J. Das stated that he was an employee in the service of the Corporate Debtor since 23.09.2011. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Packer in the service of the Corporate Debtor since 01.09.2006. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 18.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as ₹ 10,38,418/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant s claim. However, as per the list of Details of Claims of Workmen/ Employees uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 that the claim to the tune of ₹ 89,143/- has been ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as ₹ 8,71,074/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant s claim. However, as per the list of Details of Claims of Workmen/ Employees uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 that his entire claim to the tune of ₹ 8,71,074/- has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/60/KOB/2020 The appellant Prasanth T. P stated that he was an employee in the service of the Corporate Debtor since 10.05.2005. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt and an amount of ₹ 9,71,512/- (sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/62/KOB/2020 The appellant Tony Mathew stated that he was a Sorter in the service of the Corporate Debtor since 31.08.2007. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 22.11.2019. Upon receipt of the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 28.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as ₹ 8,92,332/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of ei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, and notice pay and gratuity on 22.11.2019. Upon receipt of the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 17.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as ₹ 10,29,721/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant s claim. However, as per the list of Details of Claims of Workmen/ Employees uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 that the claim to the tune of ₹ 83,322/- has been admitted by the respondent and an amount of ₹ 15,51,362/- (sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/65/KOB/2020 The appellant Renjith K. G stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmunicate the decision of either admission or rejection of the appellant s claim. However, as per the list of Details of Claims of Workmen/ Employees uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 27.02.2020 that the entire claim of ₹ 8,93,091/- has been declined by the Respondent. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/67/KOB/2020 The appellant Jeevankumar M. R stated that he was a Turner in the service of the Corporate Debtor since 17.07.1995. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant s aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 18.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I. The learned Senior Counsel for the respondent further submitted that the claims were processed as per Regulation 25 read with Regulation 19(4) of Liquidation Process Regulations, 2016 verifying the audited books of accounts of Corporate Debtor and intimated to all workmen/employees regarding their claims under Sec 40(2). Consequently, the list of stakeholders was published on the website and filed before this Bench with the following remarks: The claim amount admitted is subject to further scrutiny based on subsequent information/ documents sought from the Corporate Debtor / Creditors, and the Liquidator may modify / correct the list of claims under Regulations 31(3) and 31(4) of the IBBI (Liquidation Process) Regulations, 2016, on the direction of the NCLT IV. The Respondent further stated that the appellants failed to provide any proof of having been appointed in service of employment of the Corporate Debtor. It is also stated that the benefit accruing to the Appellants shall be subject to documents available on record with the Respondent unless otherwise proven with sufficient evidence that the appellant was in employment of Corporate Debtor. Respondent further stat ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
