# In the matter of Anil N. Surwade and Ors. Vs. Mr. Prashant Jain, RP, Sejal Glass Ltd. CA(AT)(Ins)No. 1006 of 2020

> NCLAT judgment dated 2020-12-03. Citation: TCN-2020-NCLAT-00027. The case involves an appeal against the rejection of an application by the employees of the…

- **Court:** NCLAT
- **Order date:** 3 Dec 2020
- **Citation:** TCN-2020-NCLAT-00027
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anil-n-surwade-and-ors-vs-mr-prashant-jain-rp-sejal-glass-ltd-ca-11ca0d10

## Summary

### Background

The case involves an appeal against the rejection of an application by the employees of the Corporate Debtor, who are also Operational Creditors. The employees sought access to the proceedings before the Committee of Creditors (CoC) regarding the Corporate Insolvency Resolution Process (CIRP) and Resolution Plans. The Adjudicating Authority (National Company Law Tribunal) rejected their application, leading to the appeal before the National Company Law Appellate Tribunal (NCLAT).

## Facts

The employees of the Corporate Debtor, acting as Operational Creditors, filed an application seeking access to the proceedings of the Committee of Creditors (CoC) related to the Corporate Insolvency Resolution Process (CIRP) and Resolution Plans. The Adjudicating Authority rejected this application. The employees appealed this rejection. The core issue revolves around the extent of the rights and access Operational Creditors have in the CIRP, specifically concerning information and participation in the CoC proceedings. The employees' claims have been admitted by the Resolution Professional, but the extent of their role and access to information beyond the satisfaction of their claims is disputed.

## Issues and analysis

### Issue 1: Whether the employees of the Corporate Debtor, in their capacity as Operational Creditors, are …

**Ratio:** Operational Creditors have a limited interest in the Corporate Insolvency Resolution

…

**Reasoning:** The court reasoned that allowing Operational Creditors the same access as the Board of

…

**Interpretation:** The interpretation of the law suggests that the rights and access of

…

**Application:** In this specific case, the employees, as Operational Creditors, sought access

…

## Parties

- **Judges:** Bansi Lal…; Anant Bijay…
- **Appellants:** Anil N. S…
- **Respondents:** Sejal Glas…; Prashant…

## Timeline

- **2020-09-28 — Impugned…**: The Adjudicating Authority (National Company Law Tribunal) passed an order rejecting the…
- **2020-12-03 — Appeal Dis…**: The NCLAT dismissed the appeal filed by the employees of the Corporate Debtor, affirming…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/anil-n-surwade-and-ors-vs-mr-prashant-jain-rp-sejal-glass-ltd-ca-11ca0d10