# In the matter of Duckbill Drugs Private Limited

> NCLT judgment dated 2024-04-26. Citation: TCN-2024-NCLT-01550. The case involves an application (IA/257(KB)2023) filed by 5 workmen of the Corporate Debtor,…

- **Court:** NCLT
- **Order date:** 26 Apr 2024
- **Citation:** TCN-2024-NCLT-01550
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/duckbill-drugs-private-limited-5b133f9b

## Summary

### Background

The case involves an application (IA/257(KB)2023) filed by 5 workmen of the Corporate Debtor, Duckbill Drugs Private Limited (in liquidation), in an ongoing corporate insolvency resolution process (CIRP) initiated by Bell Finvest (India) Limited (Financial Creditor) against Duckbill Drugs Private Limited (Corporate Debtor) under C.P. (IB)/972(KB)2018. The workmen sought condonation of delay in filing their claims, a direction to the Official Liquidator to accept and acknowledge their claims, and an order directing the Respondent Resolution Professional to consider their total claims. The workmen claimed that they were unaware of the liquidation process and that the company had not provided them with necessary documents like pay slips. They also alleged that the

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## Facts

Bell Finvest (India) Limited initiated CIRP against Duckbill Drugs Private Limited under C.P. (IB)/972(KB)2018. The workmen of Duckbill Drugs Private Limited filed IA/257(KB)2023 seeking condonation of delay in filing claims and directions to the liquidator. The workmen claimed they were unaware of the liquidation process. The Tribunal condoned the delay in filing claims on 14.10.2022. The liquidator sent an email on 17.11.2022 pointing out missing details and lack of documentary evidence in the claims. The workmen submitted their claims on 23.11.2022 and 24.11.2022. The company allegedly issued pay slips only up to May 2013. The liquidator admitted Rs. 27,87,362/- out of the total claimed amount of Rs. 81,84,367/-. The liquidator rejected claims for gratuity, leave

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## Issues and analysis

### Issue 1: Whether the delay in filing the claims …

**Ratio:** The Tribunal had already condoned the delay in filing the claims in a previous order

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**Reasoning:** The Tribunal had previously considered the reasons for the delay and found them

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**Interpretation:** The Tribunal's initial decision to condone the delay suggests a lenient

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**Application:** The Tribunal had already condoned the delay, so this issue was not a primary

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## Parties

- **Judges:** BIDISHA BA…; D. Ar…
- **Appellants:** Tanmoy…
- **Respondents:** Duckbill Drugs…; CA Santanu…

## Timeline

- **2018-01-01 — CIRP Init…**: C.P. (IB)/972(KB)2018 filed by Bell Finvest (India) Limited against Duckbill Drugs…
- **2022-02-16 — Tribunal H…**: Petition came up for hearing…

## 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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