# In the matter of Fort Gloster Industries Ltd. CP (IB) No. 61-KB-2018

> NCLT judgment dated 2018-08-09. Citation: TCN-2018-NCLT-00967. Jayanta Kumar Panja, an ex-employee of Fort Gloster Industries Limited, filed an application…

- **Court:** NCLT
- **Order date:** 9 Aug 2018
- **Citation:** TCN-2018-NCLT-00967
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/fort-gloster-industries-ltd-cp-ib-no-61-kb-2018-ff4f15ef

## Summary

### Background

Jayanta Kumar Panja, an ex-employee of Fort Gloster Industries Limited, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against the company due to default in payment of gratuity amounting to Rs. 1,13,946/-. The corporate debtor acknowledged the debt in a letter dated 03/04/2016 but failed to pay, citing inability due to the non-sanctioning of a BIFR Revival Scheme.

## Facts

Jayanta Kumar Panja, an ex-employee of Fort Gloster Industries Limited, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against the company. The basis for the application was the corporate debtor's default in paying gratuity amounting to Rs. 1,13,946/-. The applicant claimed to be an operational creditor due to the unpaid gratuity. The corporate debtor acknowledged the debt in a letter dated 03/04/2016 but failed to pay, citing its inability due to the non-sanctioning of a BIFR Revival Scheme. The applicant issued a demand notice dated 06/11/2017, which was acknowledged by the corporate debtor. The respondent argued that the application was not maintainable as the applicant was

…

## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor under Section 9 of the Insolvency & …

**Ratio:** An application filed u/s. 9 of the I & B Code, 2016 shall be entertained by an

…

**Reasoning:** The court found that the applicant had issued a demand notice dated 06/11/2017, which was

…

**Interpretation:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational

…

**Application:** In this case, the applicant, Jayanta Kumar Panja, issued a demand notice to

…

## Parties

- **Judges:** Jinan…
- **Appellants:** Jayanta Kumar…
- **Respondents:** Fort Gloster…

## Timeline

- **2016-04-03 — Acknowledgemen…**: Corporate debtor acknowledged the debt…
- **2017-11-06 — Demand N…**: Applicant issued a demand…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/fort-gloster-industries-ltd-cp-ib-no-61-kb-2018-ff4f15ef