# In the matter of Rakesh J Shah & Ors. vs. Sanjay Kumar Agarwal & Ors.

> NCLAT judgment dated 2024-11-22. Citation: TCN-2024-NCLAT-00070. The case involves an appeal against an order dated 18.01.2024 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 22 Nov 2024
- **Citation:** TCN-2024-NCLAT-00070
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rakesh-j-shah-ors-vs-sanjay-kumar-agarwal-ors-6671eb6d

## Summary

### Background

The case involves an appeal against an order dated 18.01.2024 passed by the Adjudicating Authority (National Company Law Tribunal), Court II, Mumbai Bench, in M.A No. 1847 of 2019 in Company Petition (IB) No. 1514(MB)/2017. The Appellants, representing 271 workmen, challenged the rejection of their claims by the liquidator in the liquidation proceedings of the Corporate Debtor, Biotor Industries Ltd. The Appellants claimed dues till 31.12.2018, arguing that the factory closure was illegal due to lack of State Government permission as required under the Industrial Dispute Act, 1947. The liquidator rejected the claims due to insufficient evidence of employment during the relevant period and the fact that the factory had ceased operations in June 2010, with the workmen

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## Facts

The Corporate Debtor, Biotor Industries Ltd., underwent CIRP commencing on 01.01.2018. An order for liquidation was passed on 31.12.2018. The Appellants, representing 271 workmen, filed claims for dues till 31.12.2018. The liquidator requested proof of employment for the two years preceding the liquidation commencement date. The liquidator rejected the claims on 02.03.2019 due to insufficient evidence. The Appellants contended that the factory closure in June 2010 was illegal due to lack of State Government permission under the Industrial Dispute Act, 1947, and that they were entitled to wages as if still working. The Appellants last worked in the factory in April 2012. The Adjudicating Authority rejected the Appellants' application, stating they had not provided

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## Issues and analysis

### Issue 1: Whether the liquidator was justified in rejecting the claims of the workmen due to insufficient …

**Ratio:** The liquidator is obligated to verify claims and ensure they are substantiated with

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**Reasoning:** The liquidator requested evidence of employment for the two years preceding the

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**Interpretation:** Regulation 19(3) of the IBBI (Liquidation Process) Regulations, 2016, requires

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**Application:** The Appellants failed to provide sufficient evidence to substantiate their

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Rakesh J.…
- **Respondents:** Biotor Industries…; Sanjay Kumar…

## Timeline

- **2018-01-01 — CIRP Commen…**: CIRP of the Corporate…
- **2018-08-20 — CIRP Commencement (Era…**: CIRP of the corporate debtor commenced in the Era Labourer Union of Sidcul, Pant Nagar…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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