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

> NCLT judgment dated 2019-07-04. Citation: TCN-2019-NCLT-02681. The petition was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016, by Mrs. Vijay…

- **Court:** NCLT
- **Order date:** 4 Jul 2019
- **Citation:** TCN-2019-NCLT-02681
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/trading-engineers-international-ltd-ib-1416nd19-a5f6dacd

## Summary

### Background

The petition was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016, by Mrs. Vijay Purohit, an Operational Creditor, against Trading Engineers (International) Ltd., the Corporate Debtor. The Operational Creditor claimed unpaid salary dues recoverable from the Corporate Debtor, amounting to Rs. 4,35,793/-. Mrs. Purohit was employed with the Respondent company and resigned on 30.04.2018, which was accepted, and she was relieved from her responsibilities with effect from 31st May, 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/-. Mrs. Purohit was employed by the Corporate Debtor and resigned on 30.04.2018, with her resignation accepted and effective from 31.05.2018. The claim included 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 travel 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 considered the documents and submissions made by the Operational Creditor,

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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, Mrs. Vijay Purohit, had filed the

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## Parties

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

## 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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