# In the matter of Rolta Defence Technology Systems Private Limited C.P. No. 2707-I&BP-2019

> NCLT judgment dated 2019-11-11. Citation: TCN-2019-NCLT-00638. Mr. Karanjit Singh Chanana filed a company petition seeking to initiate the Corporate…

- **Court:** NCLT
- **Order date:** 11 Nov 2019
- **Citation:** TCN-2019-NCLT-00638
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rolta-defence-technology-systems-private-limited-cp-no-2707-ibp-2019-9ea09289

## Summary

### Background

Mr. Karanjit Singh Chanana filed a company petition seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against Rolta Defence Technology Systems Private Limited, alleging default in payment of Rs. 22,09,910/- including interest. The petitioner was appointed as Principal Group Manager (L2) of the Corporate Debtor with a remuneration of Rs. 3,50,000/- p.m. (including allowances). The petitioner served the Corporate Debtor from 23.04.2018 to 28.01.2019 and had to leave the services on 28.01.2019. The petitioner was relieved from the services of the Corporate Debtor on 28.01.2019, but the arrears of salary and other retirement benefits were not paid. The Petitioner issued a demand notice to the Corporate Debtor on 28.05.2019 demanding a sum of Rs.

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## Facts

Mr. Karanjit Singh Chanana, the Petitioner, was employed as a Principal Group Manager (L2) at Rolta Defence Technology Systems Private Limited, the Corporate Debtor, starting from 23.04.2018. His employment ended on 28.01.2019. The Corporate Debtor allegedly defaulted on a payment of Rs. 22,09,910/-, which includes interest at 18% per annum. The Petitioner issued a demand notice on 28.05.2019, but received no response. The Petitioner claims interest at 18% p.a. based on a notice dated 14.12.2018 issued by the Corporate Debtor. The Corporate Debtor raised objections, including the lack of a certified statement of account under the Bankers Books Evidence Act, 1891, and the absence of proof of debt. The Corporate Debtor did not provide any material to show that the

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## Issues and analysis

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

**Ratio:** An application is deemed complete if it contains the required details and relevant

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**Reasoning:** The court reviewed the petition and found that it contained the necessary details for a

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**Interpretation:** The court interpreted the requirements for a complete application in the

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**Application:** The court applied its interpretation to the facts and found that the

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## Parties

- **Judges:** SUCHITRAKAN…; V. Nallasen…
- **Appellants:** Karanjit Singh…
- **Respondents:** Rolta Defence…

## Timeline

- **2018-04-23 — Appointment of…**: Mr. Karanjit Singh Chanana was appointed as Principal Group Manager (L2) of the Corporate…
- **2018-10-01 — Effective date of additional amount on overdue…**: Effective Oct. 2018, management decided to pay additional amount @18% p.a. on overdue…

## 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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