# In the matter of Spicejet Limited Company Petition (IB) No. 791-ND-2020

> NCLT judgment dated 2021-10-08. Citation: TCN-2021-NCLT-00771. The case involves a petition filed by Shree Rizwan Khaleel, an operational creditor, against…

- **Court:** NCLT
- **Order date:** 8 Oct 2021
- **Citation:** TCN-2021-NCLT-00771
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/spicejet-limited-company-petition-ib-no-791-nd-2020-0178f929

## Summary

### Background

The case involves a petition filed by Shree Rizwan Khaleel, an operational creditor, against SpiceJet Ltd., the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP). The operational creditor claims unpaid dues related to his employment as a pilot with SpiceJet. The corporate debtor disputes the claim, asserting it is barred by limitation and that the operational creditor failed to fulfill his obligations under his employment agreement.

## Facts

Shree Rizwan Khaleel, the operational creditor, was employed by SpiceJet Ltd., the corporate debtor, as a pilot. He accepted a Letter of Offer on 2011-10-11 and a Letter of Appointment on 2011-11-01. On 2012-09-21, his appointment was confirmed with retrospective effect from 2012-05-01. His annual compensation was enhanced to Rs.65,40,000/- and later to Rs.70,80,000/-. Khaleel resigned on 2016-07-01, effective from 2017-01-01. He submitted his Employee Clearance Form on 2017-01-18, requesting payment of outstanding dues, including salary for November-December 2016, leave encashment, and gratuity. He sent an email on 2017-06-28 seeking payment. On 2019-10-20, SpiceJet provided a No-Objection Certificate. Emails were exchanged on 2019-11-21 regarding pending dues.

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## Issues and analysis

### Issue 1: Whether the present …

**Ratio:** Article 137 of the Limitation Act requires that a petition must be filed within three

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**Reasoning:** The court reasoned that the default occurred on 2016-12-31, and the application was filed

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**Interpretation:** The Limitation Act sets a time limit for filing legal actions. If the action is

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**Application:** Since the default occurred on 2016-12-31 and the application was filed on

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; K.K. V…
- **Appellants:** RIZWAN KH…
- **Respondents:** SpiceJet L…
- **Advocates:** Vivek M…; Amit…

## Timeline

- **2011-10-11 — Letter of…**: The applicant accepted Letter of Offer dated 11.10.2011, issued by the Corporate Debtor…
- **2011-11-01 — Letter of App…**: Letter of Appointment dated 01.11.2011…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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