# In the matter of Duckbill Drugs Private Limited

> NCLT judgment dated 2024-04-26. Citation: TCN-2024-NCLT-01577. The case involves an application (IA/260(KB)2023) preferred by 5 workmen of the Corporate…

- **Court:** NCLT
- **Order date:** 26 Apr 2024
- **Citation:** TCN-2024-NCLT-01577
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/duckbill-drugs-private-limited-c447515c

## Summary

### Background

The case involves an application (IA/260(KB)2023) preferred by 5 workmen of the Corporate Debtor, Duckbill Drugs Private Limited (in liquidation), seeking reliefs related to the acceptance and disbursement of their claims by the Official Liquidator. The Corporate Insolvency Resolution Process (CIRP) was initiated against Duckbill Drugs Private Limited by Bell Finvest (India) Limited (C.P. (IB)/972(KB)2018). The workmen claimed they were unaware of the liquidation process and sought condonation of delay in filing their claims. The Liquidator admitted part of the claims but rejected others, leading to the workmen filing this application.

## Facts

Bell Finvest (India) Limited initiated CIRP against Duckbill Drugs Private Limited (C.P. (IB)/972(KB)2018). Five workmen of Duckbill Drugs Private Limited filed an application (IA/260(KB)2023) seeking acceptance and disbursement of their claims. The workmen claimed they were unaware of the liquidation process until informed by the All India Trade Union. They made a written representation to the Official Liquidator on 2022-03-28. The Tribunal condoned the delay in filing claims on 2022-10-14. The Liquidator sent an email on 2022-11-17, pointing out deficiencies in the claim documents. The workmen submitted their claims with supporting documents. The Liquidator admitted Rs. 27,87,362/- out of the total claimed amount of Rs. 81,84,367/-. The Liquidator rejected claims for

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## Issues and analysis

### Issue 1: Whether the claims of the workmen for service beyond the liquidation date, salary, leave …

**Ratio:** Claims must be supported by substantive documentation to establish their validity,

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**Reasoning:** The Tribunal found that the absence of substantive documents made it impossible to

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**Interpretation:** The principle emphasizes the importance of documentary evidence in

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**Application:** In this case, the workmen failed to provide sufficient documentation to support

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## Parties

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

## Timeline

- **2018-01-01 — CIRP Init…**: Bell Finvest (India) Limited filed C.P. (IB)/972(KB)/2018 to initiate CIRP against…
- **2022-02-16 — Tribunal…**: The Tribunal directed the handover of assets and books of accounts of the Corporate…

## 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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