# In the matter of Reverse Logistics Company Pvt. Ltd. (IB)-1647(ND)2019

> NCLT judgment dated 2019-09-16. Citation: TCN-2019-NCLT-01449. The case involves an operational creditor, Mr. Kumud Mishra, seeking recovery of unpaid salary…

- **Court:** NCLT
- **Order date:** 16 Sept 2019
- **Citation:** TCN-2019-NCLT-01449
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/reverse-logistics-company-pvt-ltd-ib-1647nd2019-6cc05a87

## Summary

### Background

The case involves an operational creditor, Mr. Kumud Mishra, seeking recovery of unpaid salary from the corporate debtor, M/s Reverse Logistics Company Pvt. Ltd. Mr. Mishra was employed as an Assistant Manager (Finance) and his services were terminated without granting him the notice period. He filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, for unpaid salary for October, November, and December 2018, along with gratuity and salary for the notice period. A demand notice was issued but the corporate debtor did not respond.

## Facts

Mr. Kumud Mishra, an operational creditor, was employed by M/s Reverse Logistics Company Pvt. Ltd. as an Assistant Manager (Finance). His employment was terminated without the required notice period. He filed a petition seeking recovery of unpaid salary for October, November, and December 2018, amounting to Rs. 47,000 per month, along with gratuity for seven years (Rs. 1,89,808) and salary for the notice period (Rs. 47,000). The total claim was Rs. 3,77,808. A demand notice dated 28th May 2019, under Section 8 of the IBC, was issued but received no response. The corporate debtor did not raise any dispute regarding the unpaid operational debt. The operational creditor filed a certified copy of the bank statement showing the salary of the corporate debtor being

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## Issues and analysis

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

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The court noted that the corporate debtor did not resist the petition despite being given

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** In this case, the operational creditor, Mr. Kumud Mishra, demonstrated that the

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## Parties

- **Judges:** Ina Mal…; Saroj Ra…
- **Appellants:** Kumud M…
- **Respondents:** M/s. Reverse…

## Timeline

- **2012-11-20 — Employment…**: Operational Creditor was employed as an Assistant Manager (Finance) by the Corporate…
- **2018-12-01 — Unpaid Salary…**: Unpaid salary for the months of…

## 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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