# in the matter of SPML Infra Ltd. IB-1105-ND-2019

> NCLT judgment dated 2019-08-23. Citation: TCN-2019-NCLT-01838. Probir Kumar Roy Chowdhary, the applicant, filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 23 Aug 2019
- **Citation:** TCN-2019-NCLT-01838
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/spml-infra-ltd-ib-1105-nd-2019-a3a09073

## Summary

### Background

Probir Kumar Roy Chowdhary, the applicant, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against SPML Infra Limited, the respondent, for initiating the Corporate Insolvency Resolution Process (CIRP). The claim was for Rs. 5,53,385/- along with 18% interest per annum, due to the respondent company's alleged default in clearing the applicant's salary dues. The applicant, an engineer by profession, was employed by the respondent from 15.12.2008 until his retirement on 29.10.2016, having served as General Manager-Projects. The respondent calculated dues of Rs. 8,53,385/- payable to the applicant for 8 years of service.

## Facts

Probir Kumar Roy Chowdhary, an engineer, was employed by SPML Infra Ltd. from 15.12.2008 to 29.10.2016, retiring as General Manager-Projects. SPML Infra Ltd. calculated that Rs. 8,53,385/- was due to Chowdhary for 8 years of service. Chowdhary claimed Rs. 5,53,385/- along with 18% interest per annum as unpaid salary dues. Chowdhary made multiple attempts to recover the dues, but SPML Infra Ltd. did not respond or make any payments. A statutory notice under Section 8 of the Insolvency and Bankruptcy Code was sent on 10.01.2019 and received on 11.10.2019, but no reply or payment was received. The Tribunal issued a notice to SPML Infra Ltd., which was delivered on 29.04.2019, but SPML Infra Ltd. did not appear for any hearings, leading the Tribunal to proceed ex-parte.

…

## Issues and analysis

### Issue 1: Whether the application filed by Probir Kumar Roy Chowdhary under Section 9 of the Insolvency and …

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

…

**Reasoning:** The Tribunal considered the documents and arguments presented by the applicant, Probir

…

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

…

**Application:** The applicant, being an operational creditor (employee claiming unpaid salary),

…

## Parties

- **Judges:** P.S.N. P…; V.K. SUB…
- **Appellants:** Probir Kumar Roy…
- **Respondents:** SPML Infr…

## Timeline

- **2008-12-15 — Employment…**: Probir Kumar Roy Chowdhary was…
- **2016-09-28 — Intimation of R…**: Probir Kumar Roy Chowdhary…

## 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)

---

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/spml-infra-ltd-ib-1105-nd-2019-a3a09073