# In the matter of Computer Age Management Services Private Limited IBA-88-2020

> NCLT judgment dated 2021-04-27. Citation: TCN-2021-NCLT-02284. The case involves an application filed by Mr. M.S. Subramaniam under Section 9 of the…

- **Court:** NCLT
- **Order date:** 27 Apr 2021
- **Citation:** TCN-2021-NCLT-02284
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/computer-age-management-services-private-limited-iba-88-2020-2399164e

## Summary

### Background

The case involves an application filed by Mr. M.S. Subramaniam under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, against M/s. Computer Age Management Services Private Limited. Mr. Subramaniam, a former Deputy Manager, claims unpaid pre-retirement and post-retirement benefits. The application was filed on 30.12.2019. The respondent raised a pre-existing dispute and argued that the application is barred by limitation.

## Facts

Mr. M.S. Subramaniam, the applicant, filed an application under Section 9 of the IBC against M/s. Computer Age Management Services Private Limited, the respondent, seeking recovery of Rs.37,09,367/- as pre-retirement and post-retirement benefits. He claims to have resigned on 10.07.2009 but claims benefits till 16.07.2012. The application was filed on 30.12.2019. The respondent contended that the applicant resigned on 10.07.2009 and that there was a pre-existing dispute between the parties, including a pending dispute before the EPF Tribunal. The respondent also argued that the applicant failed to file an affidavit on dispute as required under Section 9(3)(b) of the IBC. The applicant claims he was not given a relieving letter and continues to be in service. The

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## Issues and analysis

### Issue 1: Whether the application filed by the …

**Ratio:** The Limitation Act applies to applications filed under Sections 7 and 9 of the IBC. The

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**Reasoning:** The court relied on the Supreme Court's decision in BK Educational Services Private

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**Interpretation:** The interpretation of the Limitation Act in the context of IBC applications

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**Application:** In this case, the court determined that the default occurred more than three

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## Parties

- **Judges:** R. Sucha…; B. Anil…
- **Appellants:** M.S. Subra…
- **Respondents:** M/s. Computer Age…

## Timeline

- **2000-03-22 — Applicant Join…**: Mr. M.S. Subramaniam joined M/s. Computer Age Management Services Private Limited as…
- **2009-07-10 — Applicant's Resignation…**: The Respondent claims that Mr. M.S.…

## 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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