# In the matter of LEPL Projects Limited CP (IB) No. 43-9-AMR-2020

> NCLT judgment dated 2022-03-15. Citation: TCN-2022-NCLT-03728. The case involves an application filed by Mr. Samrat Khanna, the Operational Creditor, seeking…

- **Court:** NCLT
- **Order date:** 15 Mar 2022
- **Citation:** TCN-2022-NCLT-03728
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/lepl-projects-limited-cp-ib-no-43-9-amr-2020-930723a0

## Summary

### Background

The case involves an application filed by Mr. Samrat Khanna, the Operational Creditor, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against M/s. LEPL Projects Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The Operational Creditor claimed a principal debt of Rs. 22,42,733 and an interest amount of Rs. 1,66,182, totaling Rs. 24,08,915, primarily related to unpaid salary and other dues. The Corporate Debtor contested the claim, citing reasons such as the suspension of airline operations due to unforeseen circumstances, full and final settlement offers, and the Operational Creditor's failure to accept payments.

## Facts

Mr. Samrat Khanna, the Operational Creditor, filed an application under Section 9 of the IBC against M/s. LEPL Projects Limited, the Corporate Debtor, claiming a debt of Rs. 24,08,915, comprising unpaid salary, TDS, and training costs. The Operational Creditor was employed as a pilot by the Corporate Debtor. An Employment Agreement dated 15.05.2014 governed the terms of employment. The Corporate Debtor's airline operations were suspended on 28.02.2017 due to reasons beyond its control. The Corporate Debtor issued a termination notice to the Operational Creditor on 06.03.2017, with effect from 28.02.2017. The Corporate Debtor claimed to have offered a full and final settlement to the Operational Creditor, which was not accepted. The Operational Creditor had undergone

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## Issues and analysis

### Issue 1: Whether the amount paid by the Operational Creditor towards the training is to be returned and …

**Ratio:** The terms of the Employment Agreement govern the conditions under which training costs

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**Reasoning:** The NCLT found that the Employment Agreement did not specify a fixed period for the

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**Interpretation:** The interpretation of the Employment Agreement and Indemnity Bond is crucial in

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**Application:** The court applied the principle that the Operational Creditor must demonstrate

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## Parties

- **Judges:** TELAPROLU…
- **Appellants:** Samrat K…
- **Respondents:** LEPL Projects…; LEPL Projec…

## Timeline

- **2014-05-15 — Employment Ag…**: Employment Agreement signed between Mr.…
- **2017-02-28 — Suspension of O…**: Corporate Debtor's airline…

## 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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