# In the matter of Pineyards Solutions Pvt. Ltd. (IB)-921(ND)-2019

> NCLT judgment dated 2019-05-28. Citation: TCN-2019-NCLT-03172. The petitioner, Puneet Sharma, an ex-employee of Pineyards Solutions Pvt. Ltd. (Corporate…

- **Court:** NCLT
- **Order date:** 28 May 2019
- **Citation:** TCN-2019-NCLT-03172
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pineyards-solutions-pvt-ltd-ib-921nd-2019-0212f00b

## Summary

### Background

The petitioner, Puneet Sharma, an ex-employee of Pineyards Solutions Pvt. Ltd. (Corporate Debtor), filed a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016, claiming unpaid salary. He alleged that he was appointed as a project manager with an employment agreement dated 2016-10-11, but did not receive salary from October 2016 to November 2017. He received partial amounts from December 2017 until his termination in August 2018, which he claimed was without the agreed notice period. He claimed Rs. 6,70,441/- as the defaulted operational debt. A demand notice was issued under Section 8 of the IBC, which was replied to, denying the liability.

## Facts

Puneet Sharma, the petitioner, claimed to be an ex-employee of Pineyards Solutions Pvt. Ltd., the Corporate Debtor. He filed a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016, seeking unpaid salary amounting to Rs. 6,70,441/-. He stated that he was appointed as a project manager on 2016-10-11, but did not receive salary from October 2016 to November 2017, and received partial amounts thereafter until his termination in August 2018. The Corporate Debtor contended that the engagement was performance-based, and the petitioner failed to meet targets. They cited absenteeism, poor performance, and integrity issues as grounds for termination. They also presented a letter offering equity and a revised salary offer of Rs. 35,000/- per month from December

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## Issues and analysis

### Issue 1: Whether the petition under Section 9 of the Insolvency & Bankruptcy Code, 2016, for unpaid …

**Ratio:** A petition under Section 9 of the IBC is not maintainable if there is a pre-existing

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**Reasoning:** The court reasoned that the documents annexed with the petition and the reply reflected

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**Interpretation:** The interpretation of Section 9 of the IBC emphasizes that the CIRP is not

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**Application:** In this case, the court found that the exchange of legal notices and the

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## Parties

- **Judges:** Ina Mal…; V.K. SUB…
- **Appellants:** Puneet S…
- **Respondents:** Pineyards…
- **Advocates:** Basit K.…; Shubh…; +2 more

## Timeline

- **2016-10-11 — Employment Ag…**: Employment agreement dated 2016-10-11 was executed, appointing the Operational Creditor…
- **2016-10-01 — Non-Payment o…**: Operational Creditor claimed he did not receive…

## 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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