# In the matter of World Consulting & Research Corporation Pvt. Ltd. C.P. No. 1081-2016

> NCLT judgment dated 2018-01-08. Citation: TCN-2018-NCLT-01954. The Operational Creditor, Tathagata Bhattacharya, filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 8 Jan 2018
- **Citation:** TCN-2018-NCLT-01954
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/world-consulting-research-corporation-pvt-ltd-cp-no-1081-2016-c5b57722

## Summary

### Background

The Operational Creditor, Tathagata Bhattacharya, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process against the Corporate Debtor, World Consulting & Research Corporation Pvt. Ltd. (WCRC). The Operational Creditor claimed unpaid salary and expenses amounting to Rs. 39,78,800/-. The Corporate Debtor argued that the Operational Creditor was not their employee but an employee of WCR Media Private Limited. The Operational Creditor had previously filed a Company Petition in the High Court, which was later transferred to the NCLT.

## Facts

Tathagata Bhattacharya, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against World Consulting & Research Corporation Pvt. Ltd. (WCRC), the Corporate Debtor, claiming unpaid salary and expenses amounting to Rs. 39,78,800/-. He joined the company on 01.09.2013 at a monthly remuneration of Rs. 2,25,000/-. The Corporate Debtor allegedly failed to deposit tax deducted at source and supply TDS certificates, leading to additional penal interest for the Operational Creditor. The Operational Creditor resigned on 19.12.2014, effective 18.02.2015. The Corporate Debtor argued that the Operational Creditor was an employee of WCR Media Private Limited, not WCRC. The Operational Creditor had previously filed a Company

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has proved that a default has occurred, meeting the requirement of …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code requires the Operational Creditor to

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**Reasoning:** The court found that the Operational Creditor had provided overwhelming evidence that

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**Interpretation:** Section 9 of the IBC sets the threshold for initiating the Corporate Insolvency

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**Application:** The court, after reviewing the record and arguments, was satisfied that the

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## Parties

- **Judges:** M. M. K…; DeepaKr…
- **Appellants:** Tathagata…
- **Respondents:** World Consulting…

## Timeline

- **2013-09-01 — Operational Creditor…**: Tathagata Bhattacharya joined duty at a…
- **2014-12-19 — Operational Creditor…**: The Operational Creditor…

## 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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