# In the matter of Aircel Employee Representatives (AER) Vs. Dishnet Wireless Ltd.  CA (AT) (Insolvency) No. 730-2018

> NCLAT judgment dated 2018-11-28. Citation: TCN-2018-NCLAT-00050. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT)…

- **Court:** NCLAT
- **Order date:** 28 Nov 2018
- **Citation:** TCN-2018-NCLAT-00050
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aircel-employee-representatives-aer-vs-dishnet-wireless-ltd-ca-0c66b7ad

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning Aircel Employee Representatives (AER) as the Appellant and Dishnet Wireless Ltd. as the Respondent. The Appellant's counsel argued that similarly situated Operational Creditors (Employees) should not be discriminated against by the Resolution Professional. Reliance was placed on a prior decision of the Appellate Tribunal in 'Binani Industries Limited Vs Bank of Baroda & Anr.'

## Facts

Aircel Employee Representatives (AER) filed an appeal against Dishnet Wireless Ltd. The Appellant's counsel argued that Operational Creditors (Employees) were being discriminated against by the Resolution Professional. The Appellant relied on a previous decision of the Appellate Tribunal in 'Binani Industries Limited Vs Bank of Baroda & Anr.' Ms. Misha, Advocate for RP, accepted the notice on behalf of the Respondent. The Respondent was given 10 days to file a reply affidavit, and the Appellant was given a week to file a rejoinder. The case was scheduled for admission on December 18, 2018. The court stated that the appeal should not impede the resolution process.

## Issues and analysis

### Issue 1: Whether similarly situated Operational Creditors (Employees) can be discriminated on one or other …

**Ratio:** Operational Creditors (Employees) should not be discriminated against by the Resolution

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**Reasoning:** The court considered the arguments presented by the appellant's counsel and referred to a

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**Interpretation:** This legal issue pertains to the fair treatment of operational creditors,

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**Application:** The ratio and reasoning are applied to the specific facts of the case to ensure

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Aircel Employee…
- **Respondents:** Dishnet Wireless…

## Timeline

- **2018-11-28 — Hearing…**: Learned counsel appearing on behalf of the Appellant submitted that similarly situated…
- **2018-12-18 — Case for Ad…**: Case posted for…

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