# In the matter of Sunil Kumar Jain & Ors. Vs. Sundaresh Bhatt & Ors. CA(AT)(Insolvency) No. 605-2019

> NCLAT judgment dated 2019-05-31. Citation: TCN-2019-NCLAT-00519. This is a Company Appeal (AT) (Insolvency) No. 605 of 2019. The appeal was preferred by the…

- **Court:** NCLAT
- **Order date:** 31 May 2019
- **Citation:** TCN-2019-NCLAT-00519
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sunil-kumar-jain-ors-vs-sundaresh-bhatt-ors-ca-93b2aab7

## Summary

### Background

This is a Company Appeal (AT) (Insolvency) No. 605 of 2019. The appeal was preferred by the Appellant-workmen against part of the order dated 25th April, 2019 passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Ahemdabad, whereby no relief was granted to the Appellants with regard to their claim relating to salary, which they claimed for the period involving ‘Corporate Insolvency Resolution Process' and the prior period. The Appellants submitted that the Adjudicating Authority failed to decide the claim of the Appellants-workmen, who actually performed the duties during the 'Corporate Insolvency Resolution Process', but have not been paid the salary.

## Facts

The Appellant-workmen preferred an appeal against the order dated 25th April, 2019 passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Ahemdabad. The Appellants' claim for salary relating to the period involving ‘Corporate Insolvency Resolution Process' and the prior period was not granted. The Appellants submitted that the Adjudicating Authority failed to decide their claim for work done during the 'Corporate Insolvency Resolution Process' without payment. The Adjudicating Authority earlier disposed of an Interlocutory Application directing the 'Resolution Professional' to deposit Rs.2.75 crores out of approximately Rs.9.55 crores with the Registrar of the NCLT by way of fixed deposit. An order of liquidation has already been passed.

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in not granting relief to the Appellants regarding their …

**Ratio:** The court is not inclined to interfere with the impugned order, allowing the Appellants

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**Reasoning:** The court found that the disputed question of fact, as to whether the Appellants have

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**Interpretation:** This means that the court deferred the decision on the salary claims to the

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**Application:** The Appellants are allowed to file individual claims before the Liquidator, who

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Sunil Kumar Jain…
- **Respondents:** Sundaresh Bhatt &…

## Timeline

- **2019-04-25 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Ahemdabad,…
- **2019-05-31 — Appeal Pre…**: The Appellant-workmen preferred an appeal against part of the order dated 25th April,…

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