# In the matter of Winsel Aqua's Private Ltd. T.C.P. No. 371-I&BP-2017

> NCLT judgment dated 2017-11-06. Citation: TCN-2017-NCLT-00243. The case involves a petition filed by Tibbu Thankachan Varghese against Winsel Aquas Pvt. Ltd.…

- **Court:** NCLT
- **Order date:** 6 Nov 2017
- **Citation:** TCN-2017-NCLT-00243
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/winsel-aquas-private-ltd-tcp-no-371-ibp-2017-0b0d2494

## Summary

### Background

The case involves a petition filed by Tibbu Thankachan Varghese against Winsel Aquas Pvt. Ltd. for initiation of Corporate Insolvency Resolution Process due to unpaid salary and dues amounting to Rs. 6,52,983/-, including principal and interest. The petition was initially filed in the High Court, Bombay, and later transferred to the National Company Law Tribunal (NCLT) due to jurisdictional changes following the introduction of the Insolvency and Bankruptcy Code (IBC).

## Facts

Tibbu Thankachan Varghese filed a petition against Winsel Aquas Pvt. Ltd. seeking Corporate Insolvency Resolution Process due to unpaid salary and dues of Rs. 6,52,983/-. The petitioner claimed employment with the corporate debtor as Sales Head from 20.02.2013. Salary slips showed the employer as Winsel Marketing (P) Ltd., not Winsel Aquas (P) Ltd. The petitioner submitted a confirmation letter dated 15.05.2014, but the court noted discrepancies in the signatures and questioned why it wasn't initially provided with the winding-up petition filed on 17.06.2016. The incentive component of the salary was a point of contention, with differing information in various salary slips. Winsel Marketing Pvt. Ltd. and Winsel Aquas Pvt. Ltd. are group companies, and the petitioner

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## Issues and analysis

### Issue 1: Whether the incentive component was included in the petitioner's employment terms with the …

**Ratio:** The court must determine the factual basis of the employment agreement to ascertain the

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**Reasoning:** The court found that there was a dispute as to whether the incentive was incorporated

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**Interpretation:** The interpretation hinges on the contractual terms of employment. The court

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**Application:** In this case, the court found conflicting evidence regarding the incentive

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** Tibbu Thankachan…
- **Respondents:** Winsel Aquas…

## Timeline

- **2013-02-20 — Petitioner's E…**: Petitioner claims to have started employment…
- **2015-06-28 — Interest Calculation…**: Interest calculation…

## 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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