Sashi Kanta Jha Vs Devi Prasad (NCLAT Delhi)
NCLAT Delhi held that claim of gratuity with interest was fully included within the meaning of operational debt under section 5(21) of the Insolvency and Bankruptcy Code, 2016 [IBC] and accordingly, application under Section 9 of IBC was fully maintainable.
Facts- This appeal by a suspended director of the corporate debtor, M/s. Juggilal Kamlapat Jute Mills Company Limited (now Geo Jute Ltd.) has been filed challenging the order dated 19.01.2024 passed by the adjudicating authority (National Company Law, Tribunal, Allahabad Bench, Prayagraj), admitting a Section 9 application filed by Devi Prasad Respondent No. 1, herein.
Conclusion- Held that claim of gratuity with interest was fully included in operational debt and application under Section 9 was fully maintainable.
Held that the notice under Section 8 regarding claims of all 3000 workmen was given on 14.03.2017 on basis of which the Section 9 application was filed by workmen on 20.03.2017, which came to be dismissed on 28.04.2017 by the NCLT. Even Suit No. 500/2017 was filed much after the said date, i.e., on 19.05.2017. Notice on behalf of the claim of workmen on behalf of the by JK Jute Mazdoor Morcha was given much before filing of the Suit Nos. 500/2017 and 2506/2017. The plea of the appellant that there was pre-existing dispute with respect to claim of the workmen deserves to be rejected. The plea raised is wholly frivolous and moonshine defense.
