# In the matter of Anubhav Anilkumar Agarwal Vs. Om Prakash Rohra and Ors. CA(AT)(Ins) No. 1455 of 2019

> NCLAT judgment dated 2020-02-24. Citation: TCN-2020-NCLAT-00380. The case involves an appeal against an order passed by the Adjudicating Authority (National…

- **Court:** NCLAT
- **Order date:** 24 Feb 2020
- **Citation:** TCN-2020-NCLAT-00380
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anubhav-anilkumar-agarwal-vs-om-prakash-rohra-and-ors-ca-61ac68a6

## Summary

### Background

The case involves an appeal against an order passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, which admitted an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code). The appellant, the promoter and erstwhile director of the corporate debtor, challenged the order, arguing that pre-existing disputes existed between the parties and that the insolvency proceedings were being used as a tool for recovery. The respondent, an ex-employee of the corporate debtor, filed the application under Section 9 due to unpaid salary.

## Facts

Anubhav Anilkumar Agarwal, the Appellant, is the Promoter and Erstwhile Director of the Corporate Debtor. The Respondent, Om Prakash Rohra, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, due to unpaid salary. The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, admitted the application, leading to the appeal. The Appellant argued that pre-existing disputes existed, citing the Respondent's absenteeism and deficient service, supported by warning letters issued in 2018 and 2019. The Respondent countered that the Corporate Debtor defaulted on salary payments from March 2018 and failed to deposit TDS, preventing him from filing IT returns. The Respondent also highlighted his promotions and long service record. The

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in admitting the Section 9 application despite the …

**Ratio:** Section 9 of the I&B Code allows for the initiation of insolvency proceedings by an

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**Reasoning:** The NCLAT considered the arguments and evidence presented by both sides. It noted that

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**Interpretation:** The term 'dispute' under Section 5(6) of the I&B Code is interpreted to

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**Application:** In this case, the NCLAT found that the disputes raised by the Corporate Debtor

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## Parties

- **Judges:** Venugop…; V. P. S…
- **Appellants:** Anubhav Anilkumar…
- **Respondents:** A A Estate…; Om Prakash…

## Timeline

- **2018-03-01 — Salary De…**: The Corporate Debtor allegedly defaulted on salary payments to the 1st Respondent from…
- **2018-10-26 — Warning L…**: The Corporate Debtor issued a warning letter to the 1st Respondent regarding deficient…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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