# Mr. Devassykutty C.R. & Ors. vs. Mr. Kizhakkekara Kuriakose Jose & Anr.

> NCLT judgment dated 2026-07-28. Citation: TCN-2026-NCLT-00760. Twenty-four workmen/employees of M/s. Vysali Pharmaceuticals Private Limited filed an…

- **Court:** NCLT
- **Order date:** 28 Jul 2026
- **Citation:** TCN-2026-NCLT-00760
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kochi/mr-devassykutty-cr-ors-vs-mr-kizhakkekara-kuriakose-jose-anr-9tlw4

## Summary

### Background

Twenty-four workmen/employees of M/s. Vysali Pharmaceuticals Private Limited filed an application before the NCLT, Kochi Bench, seeking directions for the protection of their employment and statutory dues. The Corporate Debtor had been admitted into Corporate Insolvency Resolution Process (CIRP) under Section 7 of the IBC, 2016, and subsequently moved into liquidation due to the non-approval of any feasible Resolution Plan. The applicants claimed to have rendered services during both the CIRP and liquidation periods but had not received their wages, and sought distribution of gratuity and Provident Fund dues, citing dire financial crisis.

## Facts

An application was filed by 24 persons, identified as workmen/employees of M/s. Vysali Pharmaceuticals Private Limited, seeking directions for the protection of their employment and statutory dues.

The applicants claimed to have rendered services during both the Corporate Insolvency Resolution Process (CIRP) and liquidation periods but had not received their wages.

The applicants pleaded for the distribution of their gratuity and Provident Fund dues, stating they were in dire financial crisis.

M/s. Vysali Pharmaceuticals Private Limited (Corporate Debtor) was admitted into CIRP on 13.10.2023, following an application by M/s. Kerala State Industrial Development Corporation under Section 7 of the IBC, 2016.

An Interim Resolution Professional was appointed during the CIRP.

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## Issues and analysis

### Issue 1: Whether the application filed by one signatory on behalf of 24 applicants, without proper …

**Ratio:** An application filed by one person on behalf of others without specific authorisation,

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**Reasoning:** The Tribunal found that there was no power of attorney or affidavits authorising the

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**Interpretation:** Strict adherence to procedural requirements for representation is necessary.

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**Application:** The application is not maintainable for the 23 applicants but is maintainable

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## Parties

- **Judges:** Shri. Vina…; SHRI. RAVICHANDRAN…
- **Appellants:** Devassykutt…; Arathy…; +22 more
- **Respondents:** M/s. VYSALI…; Kizhakkekara…; +1 more
- **Other parties:** Committee of…; M/s. Kerala State…
- **Advocates:** M A S…; Vinod…

## Timeline

- **2023-10-13 — CIRP Admi…**: The Corporate Debtor, M/s. Vysali Pharmaceuticals, was admitted into the Corporate…
- **2024-12-03 — Liquidation…**: A liquidation order was passed by the Adjudicating Authority, and Shri K. K. Jose was…

## 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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