# In the matter of S and H Gears Private Limited

> NCLT judgment dated 2023-07-10. Citation: TCN-2023-NCLT-02596. The case involves an application filed by Engineering Mazdoor Parisad Dewas, representing…

- **Court:** NCLT
- **Order date:** 10 Jul 2023
- **Citation:** TCN-2023-NCLT-02596
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/s-and-h-gears-private-limited-157f7c3e

## Summary

### Background

The case involves an application filed by Engineering Mazdoor Parisad Dewas, representing workers of S&H Gears Pvt. Limited (Corporate Debtor), seeking directions to the Resolution Professional, Mrs. Teena Saraswat Pandey, to consider and settle the workers' claims. The Corporate Debtor is undergoing a resolution process initiated after the admission of a company petition in 2020. The applicant claims that the Resolution Professional has not considered the workers' claims adequately, while the respondent argues that the claims have been addressed and that the applicant has not substantiated their claims.

## Facts

Engineering Mazdoor Parisad Dewas, representing workers of S&H Gears Pvt. Limited (the Corporate Debtor), filed an application seeking directions to the Resolution Professional (RP), Mrs. Teena Saraswat Pandey, to consider and settle the workers' claims. The Corporate Debtor is undergoing Corporate Insolvency Resolution Process (CIRP) initiated by the Tribunal on 24.01.2020. The Applicant had submitted a claim of Rs. 26,87,06,324/- to the Interim Resolution Professional (IRP) on 06.03.2021. After the appointment of Mrs. Teena Saraswat Pandey as RP on 24.06.2021, the Applicant resubmitted their claim, which was returned undelivered. The Applicant then submitted their claim through counsel on 10.11.2021. The RP stated that the Erstwhile IRP had admitted a claim of

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## Issues and analysis

### Issue 1: Whether the Resolution Professional is obligated to consider and settle the claims of the Applicant …

**Ratio:** The Resolution Professional is obligated to consider and settle claims based on the

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**Reasoning:** The court reasoned that the Applicant has not substantiated the averments that the claims

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**Interpretation:** The IBC requires the RP to verify claims based on evidence. The RP is not bound

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**Application:** In this case, the applicant's failure to provide supporting documents for the

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## Parties

- **Judges:** Kuldip Kumar…; ANURADHA SANJAY…
- **Appellants:** Engineering…
- **Respondents:** S & H Gears…; Teena Saraswat…

## Timeline

- **2019-01-01 — Company Petiti…**: C.P.(IB) No. 3703/MB/201…
- **2020-01-24 — Admission of Company…**: Company Petition no. 3703 of 2019 was admitted by the Tribunal, initiating 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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