Nitin Vasant Adate Vs Ravi Sethia (NCLT Mumbai)
The National Company Law Tribunal (NCLT), Mumbai, in the matter of Nitin Vasant Adate Vs Ravi Sethia, considered six Interlocutory Applications (I.A.s) filed by former employees of Indo Global Soft Solutions and Technologies Pvt. Ltd. (the Corporate Debtor, or CD) against the Resolution Professional (RP) appointed under the Insolvency and Bankruptcy Code (IBC), seeking admission of their claims for unpaid salary, provident fund (PF), professional tax, TDS, and full and final settlement amounts.
The six Applicants—Mr. Dinesh Kharva, Mr. Avinash Salunke, Mr. Nitin Vasant Adate, Mr. Pradeep Dixit, Mr. Manicka Kannan, and Mr. Manojkumar Jaiswal—claimed amounts ranging from ₹71,831 to ₹18,44,925. The Applicants argued that their claims, supported by Form E submissions, salary slips, and other documents, had been sent by the HR representative of the CD, Ms. Sonal Kalamkar, to the erstwhile RP, Mr. Shailen Shah, via email dated 25.10.2023. The RP, however, rejected these claims on 02.11.2023 citing delayed submission. The Applicants contended that despite further representations by HR on 03.11.2023 and 06.11.2023, their claims were not considered, prompting the present Applications under Section 60(5) of the IBC.
The RP, represented by Senior Counsel, opposed the Applications, asserting that they were frivolous, motivated by ex-promoters to obstruct the Corporate Insolvency Resolution Process (CIRP), and intended to delay approval of the resolution plan already approved by the Committee of Creditors (CoC). Counsel emphasized that the I.A.s were filed after the CoC had approved two separate resolution plans, the first on 30.08.2023 and the second on 21.07.2025, and after the RP had filed I.A. (Plan) 86 of 2025 seeking approval of the second plan.
