# In the matter of Captain S.P. Singh
Vs.
Himalayan Heli Services Pvt. Ltd Company Appeal (AT) (Ins) No. 955 of 2020

> NCLAT judgment dated 2022-08-23. Citation: TCN-2022-NCLAT-00271. The appeal was filed against the Impugned Order dated 17th September 2020 passed in IB No.…

- **Court:** NCLAT
- **Order date:** 23 Aug 2022
- **Citation:** TCN-2022-NCLAT-00271
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/captain-sp-singh-vs-himalayan-heli-services-pvt-ltd-company-appeal-5efbb50d

## Summary

### Background

The appeal was filed against the Impugned Order dated 17th September 2020 passed in IB No. 699/ND/2018 by the National Company Law Tribunal, Delhi Bench, Court No. IV (Adjudicating Authority), which dismissed the petition of the Appellant, Captain S.P. Singh, an Operational Creditor. The appellant claimed outstanding dues of Rs. 13,17,959/-. The Adjudicating Authority dismissed the petition on the ground of pre-existing disputes.

## Facts

Captain S.P. Singh, a certified pilot, was engaged by Himalayan Heli Services Pvt. Ltd. The initial appointment letter dated 27.11.2012 stipulated a consolidated salary of Rs. 2,50,000 per month. A subsequent letter dated 22nd March 2014 revised the salary to Rs. 1,70,000 per month. The Appellant claimed outstanding dues of Rs. 13,17,959, including salary, leave encashment, and imprest amount. A legal notice was issued on 3rd August 2017, and a demand notice was issued on 16th March 2018. The Respondent denied the claims, asserting pre-existing disputes. The Adjudicating Authority dismissed the Appellant's petition, citing pre-existing disputes. The main dispute was regarding leave encashment dues. The respondent also made counter claims of Rs. 88,000/- regarding

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## Issues and analysis

### Issue 1: Whether any debt was due and not …

**Ratio:** Section 3(11) of the IBC defines 'debt' as a liability or obligation in respect of a

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**Reasoning:** The court perused the appointment letters and correspondence between the parties. It

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**Interpretation:** The court interpreted the provisions of the IBC regarding the definition of

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**Application:** The court applied the definition of debt and claim to the facts of the case. It

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## Parties

- **Judges:** Rakesh Kuma…; Alok Sriv…; +1 more
- **Appellants:** Captain S.P…
- **Respondents:** Himalayan Heli…

## Timeline

- **2012-11-27 — Appointment Letter…**: Appointment letter issued to the Appellant with a consolidated salary of Rs. 2,50,000/-…
- **2014-03-22 — Salary Re…**: Salary revised to Rs.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 3(11) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-3)

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