The case involves three appeals (Company Appeal (AT) (Insolvency) No. 59, 87, and 88 of 2017) filed against M/s. Aruna Hotels Limited by its ex-employees, Mr. N. Krishnan, Mr. D. Ramjee, and Mr. C. Ganapathy, respectively. The ex-employees filed applications under Section 9 of the Insolvency and Bankruptcy Code, 2016, alleging non-payment of salary arrears, leading to a default of debt. The Adjudicating Authority admitted one application and directed the other two to approach the Interim Insolvency Professional. The appellant argued that the respondents did not serve proper notices under Section 8 of the I&B Code.
M/s. Aruna Hotels Limited faced Corporate Insolvency Resolution Process (CIRP) initiated by three ex-employees: Mr. N. Krishnan, Mr. D. Ramjee, and Mr. C. Ganapathy, who claimed unpaid salary arrears. These ex-employees, acting as operational creditors, filed applications under Section 9 of the Insolvency and Bankruptcy Code, 2016. Mr. D. Ramjee claimed Rs. 2,13,65,565 towards arrears of salary and Rs. 47,03,318 towards gratuity and leave salary, totaling Rs. 2,60,68,883. Demand notices were sent by the employees on 24th March 2017. The Adjudicating Authority admitted Mr. D. Ramjee's application. The appellant, M/s. Aruna Hotels Limited, argued that the ex-employees served advocate notices under Section 8 of the I&B Code, but not in the prescribed Form-3 or Form-4.
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The case involves three appeals (Company Appeal (AT) (Insolvency) No. 59, 87, and 88 of 2017) filed against M/s. Aruna Hotels Limited by its ex-employees, Mr. N. Krishnan, Mr. D. Ramjee, and Mr. C. Ganapathy, respectively. The ex-employees filed applications under Section 9 of the Insolvency and Bankruptcy Code, 2016, alleging non-payment of salary arrears, leading to a default of debt. The Adjudicating Authority admitted one application and directed the other two to approach the Interim Insolvency Professional. The appellant argued that the respondents did not serve proper notices under Section 8 of the I&B Code.
M/s. Aruna Hotels Limited faced Corporate Insolvency Resolution Process (CIRP) initiated by three ex-employees: Mr. N. Krishnan, Mr. D. Ramjee, and Mr. C. Ganapathy, who claimed unpaid salary arrears. These ex-employees, acting as operational creditors, filed applications under Section 9 of the Insolvency and Bankruptcy Code, 2016. Mr. D. Ramjee claimed Rs. 2,13,65,565 towards arrears of salary and Rs. 47,03,318 towards gratuity and leave salary, totaling Rs. 2,60,68,883. Demand notices were sent by the employees on 24th March 2017. The Adjudicating Authority admitted Mr. D. Ramjee's application. The appellant, M/s. Aruna Hotels Limited, argued that the ex-employees served advocate notices under Section 8 of the I&B Code, but not in the prescribed Form-3 or Form-4.
…Advocate notice issued…
Demand notice…