# In the matter of James Hotels Ltd. CAs,13,17,37,55,5,55 of 2018 in CP (IB) No.15-Chd-CHD-2017

> NCLT judgment dated 2018-03-13. Citation: TCN-2018-NCLT-01710. The case pertains to CP (IB) No.15/Chd/CHD/2017, initiated by Punjab National Bank against…

- **Court:** NCLT
- **Order date:** 13 Mar 2018
- **Citation:** TCN-2018-NCLT-01710
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/james-hotels-ltd-cas13173755555-of-2018-in-cp-ib-no15-chd-chd-2017-77a03cce

## Summary

### Background

The case pertains to CP (IB) No.15/Chd/CHD/2017, initiated by Punjab National Bank against James Hotels Ltd. under Section 7 of the Insolvency & Bankruptcy Code, 2016. The Corporate Insolvency Resolution Process (CIRP) was initiated, and Mr. Navneet Gupta was appointed as the Interim Resolution Professional (IRP), later confirmed as the Resolution Professional (RP). Several applications were filed, including CA No. 5/2018 filed by Neeraj Mohendroo, challenging his termination as Public Relation Manager by the RP. The Hon'ble Punjab and Haryana High Court had also issued an order restraining the Tribunal from passing the final order.

## Facts

Punjab National Bank initiated CIRP against James Hotels Ltd. under Section 7 of the IBC. Navneet Gupta was appointed as the Resolution Professional. Neeraj Mohendroo, claiming to be the Public Relation Manager of James Hotels, filed an application (CA No. 5/2018) under Section 60(5) of the Code, challenging his termination by the RP and seeking arrears of salary. Mohendroo alleged that his termination was without notice or opportunity to be heard, violating natural justice principles. The RP contended that Mohendroo was part of a conspiracy with the suspended Board of Directors, his appointment was invalid, and he had not disclosed his prior role as a director. The RP also stated that the CoC had decided that no one could be an employee of the company in the manner

…

## Issues and analysis

### Issue 1: Whether the National Company Law Tribunal has jurisdiction under Section 60(5) of the Insolvency …

**Ratio:** Section 60(5) of the IBC grants the NCLT jurisdiction to entertain applications or

…

**Reasoning:** The Tribunal reasoned that the question of the applicant's termination did not relate to

…

**Interpretation:** Section 60(5) is interpreted to mean that the NCLT's jurisdiction is limited to

…

**Application:** The Tribunal applied this interpretation to the facts by determining that the

…

## Parties

- **Judges:** R.P.Nag…; Pradeep R.…
- **Appellants:** Neeraj Moh…
- **Respondents:** James Hotel…; Mr.Navneet…

## Timeline

- **2017-04-27 — CIRP Init…**: CP (IB) No.15/Chd/CHD/2017 was admitted…
- **2017-04-27 — Admission o…**: The Code had already been…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

---

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/james-hotels-ltd-cas13173755555-of-2018-in-cp-ib-no15-chd-chd-2017-77a03cce