# In the matter of The Indure Private Limited

> NCLT judgment dated 2023-08-01. Citation: TCN-2023-NCLT-02234. The case involves an application filed by Mr. Sasank Kiran Panda, the Operational Creditor,…

- **Court:** NCLT
- **Order date:** 1 Aug 2023
- **Citation:** TCN-2023-NCLT-02234
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/the-indure-private-limited-5b2e646a

## Summary

### Background

The case involves an application filed by Mr. Sasank Kiran Panda, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. The Indure Private Limited, the Corporate Debtor. The Operational Creditor claimed that the Corporate Debtor withheld bonus, medical reimbursements, Provident Fund, Gratuity, Leave encashments, etc., with a total default amount of Rs. 2,93,613/- as of 01.04.2017. The Corporate Debtor contested the application, stating a pre-existing dispute due to deficiencies in services under the employment contract dated 22.03.2011. The Corporate Debtor alleged that the Applicant habitually took leaves without permission and engaged in malicious and

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## Facts

Mr. Sasank Kiran Panda, the Operational Creditor, filed an application on 30.09.2019 under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against M/s. The Indure Private Limited, the Corporate Debtor. The Operational Creditor claimed a default amount of Rs. 2,93,613/- as of 01.04.2017, due to withheld bonus, medical reimbursements, Provident Fund, Gratuity, Leave encashments, etc. The Operational Creditor worked as a Safety Officer with the Corporate Debtor from March 2011 to November 2016. The Corporate Debtor argued that the petition was not maintainable due to a pre-existing dispute related to deficiencies in services under the employment contract dated 22.03.2011. The Corporate Debtor alleged that the Applicant habitually took leaves

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## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, is …

**Ratio:** Section 9 proceedings are not the appropriate forum to resolve disputes arising out of

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**Reasoning:** The court relied on the judgment of Hon'ble NCLAT in Jain Irrigation Systems Ltd. Versus

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**Interpretation:** Section 9 of the IBC is intended for cases where there is a clear and

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**Application:** In this case, the Corporate Debtor argued that there was a pre-existing dispute

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## Parties

- **Judges:** BACHU VENKAT…; ATUL CHAT…
- **Appellants:** Sasank Kira…
- **Respondents:** M/s. THE INDURE…; M/s. The Indure…

## Timeline

- **2011-03-01 — Operational Creditor's…**: The Operational Creditor started working as…
- **2011-03-22 — Contract of Em…**: The Contract of Employment between the…

## 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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