# In the matter of Compare Infobase Limited IB-1004-ND-2019

> NCLT judgment dated 2019-11-27. Citation: TCN-2019-NCLT-00428. The application was filed by Operational Creditors (OCs) who are employees/workmen of the…

- **Court:** NCLT
- **Order date:** 27 Nov 2019
- **Citation:** TCN-2019-NCLT-00428
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/compare-infobase-limited-ib-1004-nd-2019-62d8f76a

## Summary

### Background

The application was filed by Operational Creditors (OCs) who are employees/workmen of the Corporate Debtor (CD), M/s. Compare Infobase Limited. The OCs claimed unpaid salaries, gratuity, leave encashment, and retention bonus. They served a legal notice to the CD, which the CD replied to, without specifically denying the liability. The OCs then sent individual notices under Section 8 of the I&B Code. The CD raised counter allegations and claimed misjoinder of parties, which the OCs denied.

## Facts

Harish Kumar, Sangeeta Sharma, and Lalita Parmar, former employees of M/s. Compare Infobase Limited, filed an application as Operational Creditors (OCs) under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming unpaid salaries, gratuity, leave encashment, and retention bonus. Harish Kumar resigned on September 3, 2018, accepted on October 4, 2018, and relieved on September 29, 2018. Sangeeta Sharma resigned on August 31, 2018, accepted on September 28, 2018, and relieved on September 28, 2018. Lalita Parmar resigned on September 3, 2018, accepted on September 28, 2018, and relieved on October 3, 2018. The OCs sent a legal notice to the Corporate Debtor (CD) on January 10, 2019, through their legal representative, Mr. Arvinder Singh Kindra. The CD replied on

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditors (OCs) under Section 9 of the Insolvency …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The court noted that the OCs were former employees of the CD and claimed unpaid salaries,

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The court found that the OCs had established that a debt was due and payable

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## Parties

- **Judges:** Ch. Mohd Sharief…; K.K. V…
- **Appellants:** Harish…
- **Respondents:** M/s. Compare…

## Timeline

- **2003-05-01 — Joining…**: Harish Kumar joined M/s…
- **2007-05-15 — Joining…**: Sangeeta Sharma joined…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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