# In the matter of Knorr-Bremse India Private Limited

> NCLT judgment dated 2023-04-19. Citation: TCN-2023-NCLT-03730. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 19 Apr 2023
- **Citation:** TCN-2023-NCLT-03730
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/knorr-bremse-india-private-limited-0c58be3d

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Anand Prakash Garg, an Operational Creditor, against Knorr-Bremse India Private Limited, the Corporate Debtor. The Operational Creditor was employed as Managing Director of the Corporate Debtor from 01.08.2008 to 31.12.2020. Upon termination, the employee was entitled to a full and final settlement of Rs. 6,62,60,076/- towards gratuity, superannuation benefits, performance bonus, leave encashment, and leave travel assistance, which was allegedly not paid.

## Facts

Anand Prakash Garg, the Operational Creditor, was employed by Knorr-Bremse India Private Limited, the Corporate Debtor, as Managing Director from August 1, 2008, to December 31, 2020. His employment was governed by an Employment Agreement dated July 8, 2009. Upon termination via a notice dated December 30, 2020, the employee was entitled to Rs. 6,62,60,076/- towards gratuity, superannuation benefits, performance bonus, leave encashment, and leave travel assistance. The Corporate Debtor allegedly failed to make these payments. The Operational Creditor claims a default of Rs. 1,88,04,397/-, which occurred on December 31, 2021. A demand notice was issued on April 20, 2022, and the Corporate Debtor replied on May 9, 2022. The Corporate Debtor argues that there is a

…

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the …

**Ratio:** The maintainability of the application depends on whether there is a debt and default

…

**Reasoning:** The court considered the employment agreement and the termination notice to determine if

…

**Interpretation:** The court interpreted the provisions of Section 9 of the IBC to require a

…

**Application:** The court held that the application is maintainable without expressing any

…

## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Anand Praka…
- **Respondents:** Knorr-Bremse…

## Timeline

- **2008-08-01 — Employment St…**: Anand Prakash Garg was employed as Managing Director of Knorr-Bremse India Private…
- **2009-07-08 — Employment Agreement…**: The terms of employment were…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/knorr-bremse-india-private-limited-0c58be3d