# Suniel Dhhandhania & Anr. vs. Dr. Vichitra Narayan Pathak, RP of Golden Tobacco Ltd.

> NCLAT judgment dated 16 Apr 2026. Citation: TCN-2026-NCLAT-00030. This appeal challenges an order dated 17.04.2024, issued by the National Company Law…

- **Court:** NCLAT
- **Order date:** 16 Apr 2026
- **Citation:** TCN-2026-NCLAT-00030
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/suniel-dhhandhania-anr-vs-dr-vichitra-narayan-pathak-rp-of-golden-tobacco-ltd-a2l80

## Summary

### Background

This appeal challenges an order dated 17.04.2024, issued by the National Company Law Tribunal, Ahmedabad (Adjudicating Authority). The order directed the appellants to contribute Rs. 6,92,679/- along with 12% interest to the GTC Employees, Co-operative Credit Society Ltd. The amount in question represents deductions made from employee salaries by the Corporate Debtor, M/s Golden Tobacco Ltd., for repayment of loans to the Society between September 2021 and May 2022, which were never deposited with the Society. The Insolvency Process for Golden Tobacco Ltd. commenced on 07.06.2022, and Dr. Vichitra Narayan Pathak was appointed as the Interim Resolution Professional, later confirmed as the Resolution Professional.

## Facts

The appeal challenges an order dated 17.04.2024, passed by the National Company Law Tribunal, Ahmedabad (Adjudicating Authority).

The impugned order directed the appellants to contribute Rs. 6,92,679/- to the GTC Employees, Co-operative Credit Society Ltd. (Society) with 12% interest per annum.

The Insolvency Process against M/s Golden Tobacco Ltd. (Corporate Debtor) was initiated on 07.06.2022.

Dr. Vichitra Narayan Pathak was appointed as the Interim Resolution Professional (IRP) and later confirmed as the Resolution Professional (RP) for Golden Tobacco Ltd.

On 19.07.2022, the Society informed the RP that Rs. 6,33,735/- was deducted from employee salaries for loan repayments between September 2021 and May 2022 but not deposited with the Society.

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority correctly applied Section 66 of the Insolvency and Bankruptcy …

**Ratio:** Section 66 of the IBC allows the Adjudicating Authority to pass an order directing

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**Reasoning:** The Adjudicating Authority found that the appellants, as directors, had admitted

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**Interpretation:** The Tribunal's interpretation emphasized that the 'intent to defraud' or

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**Application:** The appellants' admitted failure to deposit the deducted amounts, which were

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## Parties

- **Judges:** Mohd. Faiz Alam…; Arun Ba…
- **Appellants:** SUNIEL DHHA…; Pawan Kumar…
- **Respondents:** Golden Tobacco…; Vichitra Narayan…
- **Other parties:** Insolvency and…; Fraudulent…; +7 more

## Timeline

- **2022-06-07 — Insolvency Process…**: Insolvency Process was initiated against M/s…
- **2022-07-19 — Society informs RP of…**: The GTC Employees, Co-operative Credit Society Ltd. informed the RP of the Corporate…

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