# In the matter of G.K Dairy And Milk Products Pvt. Ltd. Company Petition No. IB-441-ND-2020

> NCLT judgment dated 2021-04-29. Citation: TCN-2021-NCLT-02252. An application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Anil…

- **Court:** NCLT
- **Order date:** 29 Apr 2021
- **Citation:** TCN-2021-NCLT-02252
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gk-dairy-and-milk-products-pvt-ltd-company-petition-no-ib-441-nd-2020-6fbb96f3

## Summary

### Background

An application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Anil Kumar (Applicant), an operational creditor, to initiate the Corporate Insolvency Resolution Process (CIRP) against G.K. Dairy and Milk Products Pvt. Ltd. (Corporate Debtor). The applicant was appointed as 'Business Head' on 08.01.2018. The applicant's salary was not paid from December 2018 to May 2019. The applicant resigned on 15.05.2019. The Corporate Debtor failed to make payment despite assurances. The applicant issued a demand notice on 19.12.2019. The Corporate Debtor alleged that the applicant was responsible for collecting dues from customers and that Rs. 10,00,000/- was outstanding against the applicant's account. The Corporate Debtor claimed that a legal notice was

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## Facts

Anil Kumar, the applicant, was employed as 'Business Head' at G.K. Dairy and Milk Products Pvt. Ltd., the corporate debtor, starting from 08.01.2018. Anil Kumar's salary remained unpaid for the period from December 2018 to May 2019. He resigned from his position on 15.05.2019. Despite assurances, the dues were not cleared. Anil Kumar sent an email on 01.10.2019, informing the corporate debtor about initiating legal action if the payment was further delayed. The corporate debtor, while admitting the claim, alleged that Anil Kumar was responsible for collecting dues from customers and that Rs. 10,00,000/- was outstanding against his account. The corporate debtor claimed to have sent a legal notice dated 10.12.2019 to Anil Kumar to collect the outstanding dues before the

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## Issues and analysis

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

**Ratio:** The application must be filed within the

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**Reasoning:** The Adjudicating Authority determined that the date of default was 01.06.2019, and the

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**Interpretation:** The limitation period for filing an application under Section 9 of the IBC is

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**Application:** In this case, the application was filed within the period of limitation, as the

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## Parties

- **Judges:** DEEPTI M…; SUMITA PURK…; +1 more
- **Appellants:** Anil K…
- **Respondents:** G.K Dairy and…
- **Advocates:** Gurmeet…; Manoj Kuma…

## Timeline

- **2018-01-08 — Appointment of…**: Anil Kumar was appointed as the…
- **2018-12-01 — Salary No…**: Payment of Anil Kumar's salary was not…

## 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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