# In the matter of Duckbill Drugs Private Limited

> NCLT judgment dated 2024-04-26. Citation: TCN-2024-NCLT-01564. The case involves an application filed by five workmen of Duckbill Drugs Private Limited (in…

- **Court:** NCLT
- **Order date:** 26 Apr 2024
- **Citation:** TCN-2024-NCLT-01564
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/duckbill-drugs-private-limited-7effc0c2

## Summary

### Background

The case involves an application filed by five workmen of Duckbill Drugs Private Limited (in liquidation) before the National Company Law Tribunal (NCLT), Kolkata Bench, seeking condonation of delay in filing claims, acceptance and acknowledgement of claims by the Official Liquidator, and direction to the Resolution Professional to consider the total claim of the applicants. The Corporate Debtor, Duckbill Drugs Private Limited, is undergoing liquidation. The workmen's claims pertain to unpaid salary, gratuity, leave encashment, bonus, and expenses.

## Facts

Bell Finvest (India) Limited initiated CIRP against Duckbill Drugs Private Limited. Five workmen of Duckbill Drugs Private Limited filed an application (IA/262(KB)2023) seeking condonation of delay in filing claims, acceptance of claims by the Official Liquidator, and direction to the Resolution Professional to consider their claims. The workmen claimed unpaid salary, gratuity, leave encashment, bonus, and expenses. The Liquidator admitted a portion of the claims amounting to Rs. 27,87,362/- but rejected the remaining claims. The workmen argued that their service post-liquidation commencement date should be considered, as they were unaware of the liquidation order. The Liquidator contended that claims should be limited to the period before the liquidation commencement

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## Issues and analysis

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

**Ratio:** The Tribunal has the discretion to condone the delay in filing claims based on the

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**Reasoning:** The Tribunal had previously condoned the delay in filing claims vide its order dated

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**Interpretation:** The interpretation involves the Tribunal's power to condone delays, balancing

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**Application:** The Tribunal had already condoned the delay in a previous order, but the issue

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## Parties

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

## Timeline

- **2018-01-01 — C.P. (IB)/972(…**: Filing of C.P.…
- **2022-02-16 — Tribunal…**: Tribunal directed that the matter would come up for hearing on 19.04.2022 for filing of…

## 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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