# 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-00596. The case involves a petition filed by Omprakash Rohra against A A Estate Private Limited,…

- **Court:** NCLT
- **Order date:** 14 Nov 2019
- **Citation:** TCN-2019-NCLT-00596
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/a-a-estates-pvt-ltd-cp-no-3008-ibp-2018-f01bd556

## Summary

### Background

The case involves a petition filed by Omprakash Rohra against A A Estate Private Limited, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) due to a default in salary payments. The petitioner alleges that the corporate debtor defaulted on April 10, 2018, in making salary dues to the extent of Rs. 17,40,375, along with interest of Rs. 1,83,420, totaling Rs. 19,23,795. The petitioner had been employed with the corporate debtor since March 2, 2009, and received promotions over the years. The corporate debtor raised disputes regarding the petitioner's alleged absenteeism and resignation without notice.

## Facts

Omprakash Rohra, the petitioner, filed a petition against A A Estate Private Limited, the corporate debtor, seeking to initiate CIRP due to unpaid salary dues. Rohra was employed by the corporate debtor since March 2, 2009, and was promoted multiple times, eventually reaching the position of Deputy General Manager - Contracts. The corporate debtor allegedly defaulted on salary payments from March 2018 onwards, leading to a total outstanding amount of Rs. 19,23,795, including interest. Rohra issued a demand notice under Section 8 of the IBC, but the corporate debtor failed to respond adequately. The corporate debtor claimed that Rohra was absent from work and resigned without notice, thus disputing the salary claim. However, the court noted that no disciplinary

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## Issues and analysis

### Issue 1: Whether the disputes raised by the Corporate Debtor regarding the Petitioner's absenteeism and …

**Ratio:** The ratio is based on the interpretation of Section 5(6) of the Insolvency &

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**Reasoning:** The court reasoned that the corporate debtor's claims of absenteeism and resignation

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**Interpretation:** The interpretation of Section 5(6) and the Supreme Court's ruling emphasizes

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

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## Parties

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

## Timeline

- **2009-03-02 — Petitioner Joined…**: Omprakash Rohra joined A A Estate Private Limited as a Senior Executive - Estimation and…
- **2012-10-01 — Salary Re…**: Corporate Debtor revised the compensation package of the Petitioner from Rs. 10,35,000/-…

## 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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