# In the matter of Trading Engineers (International) Ltd. (IB)-1416(ND)19

> NCLT judgment dated 2019-07-04. Citation: TCN-2019-NCLT-02684. The case involves a petition filed by Mrs. Vijay Purohit, an Operational Creditor, against…

- **Court:** NCLT
- **Order date:** 4 Jul 2019
- **Citation:** TCN-2019-NCLT-02684
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/trading-engineers-international-ltd-ib-1416nd19-2d60a104

## Summary

### Background

The case involves a petition filed by Mrs. Vijay Purohit, an Operational Creditor, against Trading Engineers (International) Ltd., the Corporate Debtor, under Section 9 of the Insolvency & Bankruptcy Code, 2016. Mrs. Purohit claims unpaid salary dues recoverable from the Corporate Debtor, amounting to Rs. 4,35,793/-. She was employed by the Respondent company and resigned on 30.04.2018, which was accepted, and she was relieved from her duties on 31.05.2018.

## Facts

Mrs. Vijay Purohit, the Operational Creditor, filed a petition against Trading Engineers (International) Ltd., the Corporate Debtor, under Section 9 of the Insolvency & Bankruptcy Code, 2016, claiming unpaid salary dues of Rs. 4,35,793/-. She was employed by the Corporate Debtor and resigned on 30.04.2018, with her resignation accepted and effective from 31.05.2018. The claimed amount includes salary from 01.02.2018 to 31.05.2018 (Rs. 2,44,164.00), leave encashment for 2015-2016 (Rs. 28,777.00) and 2016-2017 (Rs. 27,288.00), leave travelling allowance for 2015-2017 (Rs. 31,600.00), full & final settlement (Rs. 72,600.00), P. F. deducted but not deposited (Rs. 27,864.00), and TDS deducted but not deposited (Rs. 3,500.00). The Operational Creditor issued a demand

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the Insolvency & …

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

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**Reasoning:** The court noted that the Operational Creditor had issued a demand notice as required

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

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**Application:** The Operational Creditor fulfilled the requirements of Section 9 by issuing a

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## Parties

- **Judges:** Ina Mal…; SH. V.K. SU…
- **Appellants:** Vijay Pu…
- **Respondents:** Trading Engineers…
- **Advocates:** Mayur Si…; Koma…

## Timeline

- **1998-02-15 — Operational Creditor…**: Mrs. Vijay Purohit was appointed as an…
- **2018-04-30 — Resignation…**: Mrs. Vijay Purohit…

## 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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