# 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-02249. 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-02249
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gk-dairy-and-milk-products-pvt-ltd-company-petition-no-ib-441-nd-2020-7abc8296

## Summary

### Background

An application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Anil Kumar (Applicant/Operational Creditor) to initiate the Corporate Insolvency Resolution Process (CIRP) against G.K. Dairy and Milk Products Pvt. Ltd. (Corporate Debtor). The Applicant, who served as the 'Business Head' of the Corporate Debtor, claimed non-payment of salary for the period from December 2018 to May 2019. The Corporate Debtor acknowledged the debt but alleged that the Applicant was responsible for recovering outstanding dues from customers and had not done so. The Corporate Debtor also claimed that the application was not maintainable due to pecuniary jurisdiction issues.

## Facts

Anil Kumar, the applicant, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against G.K. Dairy and Milk Products Pvt. Ltd., the corporate debtor. Anil Kumar was employed as the 'Business Head' of the corporate debtor from January 8, 2018. He alleges that his salary was not paid from December 2018 to May 2019. He resigned from the company on May 15, 2019. Despite assurances, his dues were not cleared. He sent a demand notice under Section 8 of the Code on December 19, 2019, claiming Rs. 8,07,750. The corporate debtor replied on December 27, 2019, stating that the applicant was responsible for collecting Rs. 10,00,000 from customers and that the salary would be

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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 noted that the date of default was June 1, 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 prescribed period of

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## Parties

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

## Timeline

- **2018-01-08 — Appointment…**: Anil Kumar was appointed as the 'Business Head'…
- **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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