# In the matter of Desein Private Limited IB No. 2697-ND-2019

> NCLT judgment dated 2022-01-28. Citation: TCN-2022-NCLT-04344. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 28 Jan 2022
- **Citation:** TCN-2022-NCLT-04344
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/desein-private-limited-ib-no-2697-nd-2019-661533e0

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Rajender Kumar, an operational creditor, against M/s. Desein Private Limited, the corporate debtor. The applicant, an individual employed with the corporate debtor, claimed non-payment of salary for seven months. The corporate debtor raised objections, alleging deficiency in services and inaccurate claim due to an outstanding loan. The applicant contended that the leave taken was duly approved and the loan was adjusted.

## Facts

Rajender Kumar, the applicant, was employed with M/s. Desein Private Limited, the corporate debtor, from August 2007 to November 2018 as a Senior Engineer Mechanical. He claimed that he was not paid salary for seven months, from April 2018 to October 2018. He issued a demand notice dated 22.07.2019 under Section 8 of the Insolvency and Bankruptcy Code, 2016. The corporate debtor raised objections, alleging deficiency in services due to unauthorized leave and an inaccurate claim due to an outstanding loan. The applicant contended that the leave was approved and the loan was adjusted. The relieving certificate issued by the corporate debtor indicated no pending disputes at the time of resignation on 01.11.2018. The amount of Rs. 4,44,265/- along with interest was still

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## Issues and analysis

### Issue 1: Whether the applicant, Rajender Kumar, established a valid claim against the corporate debtor, M/s. …

**Ratio:** The operational creditor must demonstrate a valid claim for unpaid operational debt. The

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**Reasoning:** The court considered the documents on record and submissions made, establishing that the

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**Interpretation:** Section 9 of the IBC requires the operational creditor to demonstrate a valid

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**Application:** The applicant presented evidence of unpaid salary, and the corporate debtor

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## Parties

- **Judges:** DHARMINDER…; SUMITAPURKA…
- **Appellants:** Rajender…
- **Respondents:** Desein Private…; M/s Desein…

## Timeline

- **2007-08-01 — Employment…**: Rajender Kumar was employed…
- **2018-11-01 — Relieving Cer…**: Rajender Kumar was relieved from…

## 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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