# In the matter of A A Estates Pvt. Ltd. C.P. No. 3008-I&BP-2018

> NCLT judgment dated 2019-11-14. Citation: TCN-2019-NCLT-00592. The case involves a petition filed by Omprakash Rohra (Petitioner) against A A Estate Private…

- **Court:** NCLT
- **Order date:** 14 Nov 2019
- **Citation:** TCN-2019-NCLT-00592
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/a-a-estates-pvt-ltd-cp-no-3008-ibp-2018-00ec2c7d

## Summary

### Background

The case involves a petition filed by Omprakash Rohra (Petitioner) against A A Estate Private Limited (Corporate Debtor) under Section 8 and 9 of the Insolvency & Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP). The Petitioner alleges that the Corporate Debtor defaulted on salary payments amounting to Rs. 17,40,375/- as salary and other allowances, along with interest of Rs. 1,83,420/-, totaling Rs. 19,23,795/-, with the default occurring on 10.04.2018. The Petitioner was employed as a Senior Executive - Estimation and Contract, later promoted to Deputy General Manager - Contracts. The Petitioner issued a demand notice on 28.06.2019, which was not responded to by the Corporate Debtor.

## Facts

Omprakash Rohra (Petitioner) was employed by A A Estate Private Limited (Corporate Debtor) as a Senior Executive - Estimation and Contract on 02.03.2009. He was later promoted to Assistant General Manager - Contracts and then to Deputy General Manager - Contracts. The Corporate Debtor allegedly defaulted on salary payments due to the Petitioner, amounting to Rs. 17,40,375/- plus interest. The default date is stated as 10.04.2018. The Petitioner issued a demand notice on 28.06.2019 under Section 8 of the Insolvency & Bankruptcy Code. The Corporate Debtor claimed the Petitioner was absent from work and left without a resignation letter. However, the Corporate Debtor's letter dated 14.03.2019 acknowledged the Petitioner's employment and outstanding salary since

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## Issues and analysis

### Issue 1: Whether the disputes raised by the Corporate Debtor regarding absenteeism and the lack of a …

**Ratio:** The ratio is based on the Supreme Court's decision in Mobilox Innovations Pvt. Ltd. v/s.

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**Reasoning:** The court reasoned that the Corporate Debtor's claims of absenteeism lacked supporting

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**Interpretation:** The interpretation of Section 5(6) of the Code, as guided by the Supreme

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**Application:** Applying the ratio and reasoning to the facts, the court determined that the

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## Parties

- **Judges:** SUCHITRA KANUPARTH…; V. Nallasen…; +1 more
- **Appellants:** Omprakash…
- **Respondents:** A A Estate…
- **Advocates:** Amritpal Singh…

## Timeline

- **2009-03-02 — Petitioner Joins…**: Omprakash Rohra joined A A Estate Private Limited as a Senior Executive - Estimation and…
- **2018-04-10 — Default…**: The Corporate Debtor allegedly…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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