# In the matter of Calyx Chemicals & Pharmaceuticals Ltd.

> NCLT judgment dated 2024-01-19. Citation: TCN-2024-NCLT-03000. The case involves an Interlocutory Application (IA No. 2943/2022) filed by an ex-employee of…

- **Court:** NCLT
- **Order date:** 19 Jan 2024
- **Citation:** TCN-2024-NCLT-03000
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/calyx-chemicals-pharmaceuticals-ltd-72d5627b

## Summary

### Background

The case involves an Interlocutory Application (IA No. 2943/2022) filed by an ex-employee of Calyx Chemicals and Pharmaceuticals Limited, the Corporate Debtor, on behalf of himself and three other ex-employees. They are claiming gratuity dues under the Payment of Gratuity Act, 1972. The Corporate Debtor was admitted into Corporate Resolution Insolvency Process (CIRP) on 2018-02-06, and a Resolution Plan submitted by Khilari Infrastructure Private Limited and Topnotch Chemicals Private Limited was approved on 2019-01-16. The applicants claim that their gratuity dues were not paid after the approval of the Resolution Plan, because the plan allegedly did not provide for payment to ex-employees not on the rolls at the time of CIRP initiation.

## Facts

Dnyanaba Namdeo Karande, an ex-employee of Calyx Chemicals and Pharmaceuticals Limited, filed an application on behalf of himself and three other ex-employees seeking gratuity dues under the Payment of Gratuity Act, 1972. Calyx Chemicals and Pharmaceuticals Limited was admitted into Corporate Resolution Insolvency Process (CIRP) on 2018-02-06. A Resolution Plan submitted by Khilari Infrastructure Private Limited and Topnotch Chemicals Private Limited was approved on 2019-01-16. The applicants claim that their gratuity dues were not paid after the approval of the Resolution Plan because the plan allegedly did not provide for payment to ex-employees not on the rolls at the time of CIRP initiation. The applicants submitted their claims to the Insolvency Resolution

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## Issues and analysis

### Issue 1: Whether the Interlocutory Application filed by the ex-employee on behalf of himself and other …

**Ratio:** An application is maintainable if the applicant has proper authorization to represent the

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**Reasoning:** The Tribunal considered the Corporate Debtor's contention that the application was not

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**Interpretation:** The Tribunal interpreted the requirement for authorization liberally,

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**Application:** The Tribunal applied the principle that valid authorization is required for an

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## Parties

- **Judges:** ANIL RAJ C…; Kuldip Kumar…
- **Appellants:** Dnyanaba Namdeo…
- **Respondents:** Calyx Chemicals &…

## Timeline

- **2018-02-06 — CIRP Init…**: Calyx Chemicals and Pharmaceuticals Limited was admitted into Corporate Resolution…
- **2019-01-16 — Resolution Plan…**: A Resolution Plan submitted by Khilari Infrastructure Private Limited and Topnotch…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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