Tribunal rulings on debt claims, salary disputes, and mobile numbers usage in insolvency proceedings

The Tribunal directed the Resolution Professional (RP) to reconsider the financial debt claim by Vardhman Industries Limited, emphasizing proper verification and classification of debts. In the matter of unpaid salaries and dues, the RP was instructed to reassess the claims based on employment terms. Regarding the usage of mobile numbers by the suspended Managing Director, the RP was barred from interfering with their usage. The Tribunal dismissed the application for payment of outstanding amounts for goods supplied during the CIRP period, advising the applicant to seek relief from a competent judicial authority for commercial disputes.

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Issues Involved:
1. Admission of financial debt claim by Vardhman Industries Limited.
2. Payment of salaries and dues to certain employees during the CIRP period.
3. Usage of mobile numbers by the suspended Managing Director.
4. Payment of outstanding amounts for goods supplied during the CIRP period.

Issue-wise Detailed Analysis:

1. Admission of Financial Debt Claim by Vardhman Industries Limited (CA No.568/2019):
- Application Background: Vardhman Industries Limited, through its Resolution Professional, filed an application against the Resolution Professional of Vallabh Textiles Company Limited under Section 60(5) of the IBC, 2016, seeking the admission of a financial debt claim.
- Applicant’s Arguments: The applicant claimed Rs.10,77,47,444/- as financial debt, supported by audited accounts and a confirmation letter. The claim was initially rejected by the RP due to an old authorization letter and insufficient documentation.
- Respondent’s Arguments: The RP argued that the transactions were not properly verified and required bifurcation into supply of goods/services and loans. The RP also cited discrepancies in the account balances and non-compliance with Sections 295 and 297 of the Companies Act, 1956.
- Tribunal’s Findings: The Tribunal found that the RP failed to properly verify the claim and classify the debts. The rejection of the claim was deemed unjustified as the RP did not provide adequate reasons or evidence for the rejection.
- Order: The Tribunal directed the RP to reconsider the claim, verify the evidence, and reconstitute the CoC with Vardhman Industries Limited as a member.

2. Payment of Salaries and Dues to Certain Employees During the CIRP Period (IA No.548/2020):
- Application Background: Vikram Jain and others filed an application against the RP of Vallabh Textiles Company Limited under Section 60(5) of the IBC, 2016, seeking the release of unpaid salaries and dues.
- Applicant’s Arguments: The applicants claimed unpaid salaries and other dues, alleging bias and non-compliance by the RP. They argued that the CoC had approved their salaries, and the RP had misled the CoC regarding the payment of dues.
- Respondent’s Arguments: The RP argued that the applicants had ceased to be employees and were not entitled to salaries post-termination. The RP also cited non-compliance with Section 197 of the Companies Act, 2013, and lack of funds for gratuity and other dues.
- Tribunal’s Findings: The Tribunal noted that genuine disputes regarding documents and employment terms could not be resolved in this forum. The RP was directed to reconsider the claims based on the terms of employment and present findings to the CoC.
- Order: The Tribunal directed the RP to reconsider the claims for salaries and dues as per the employment terms and put the findings before the CoC.

3. Usage of Mobile Numbers by the Suspended Managing Director (IA No.550/2020):
- Application Background: The suspended Managing Director filed an application against the RP of Vallabh Textiles Company Limited under Section 60(5) of the IBC, 2016, seeking non-interference in the usage of certain mobile numbers.
- Applicant’s Arguments: The applicant argued that the mobile numbers had been used for decades and were linked to personal accounts. The RP’s objection to the usage of these numbers was raised only after 1.5 years of the CIRP process.
- Respondent’s Arguments: The RP claimed that the transfer of mobile numbers was done without proper authorization and under pressure from the applicant.
- Tribunal’s Findings: The Tribunal found no justification for the RP’s interference in the usage of the mobile numbers.
- Order: The Tribunal directed the RP not to interfere in the usage of the mobile numbers and allowed the applicant to continue using them in a private capacity.

4. Payment of Outstanding Amounts for Goods Supplied During the CIRP Period (IA No.194/2022):
- Application Background: K K Spinners Pvt. Ltd. filed an application against the RP of Vallabh Textiles Company Limited under Section 60(5) of the IBC, 2016, seeking payment for goods supplied during the CIRP period.
- Applicant’s Arguments: The applicant claimed an outstanding amount of Rs.51,35,294/- for goods supplied, arguing that these should be considered as CIRP costs.
- Respondent’s Arguments: The RP argued that the quality of the goods supplied was disputed, and the Tribunal did not have jurisdiction to entertain recovery suits.
- Tribunal’s Findings: The Tribunal emphasized that it is not a forum for settling commercial disputes or recovery suits. The applicant was advised to seek relief from a competent judicial authority.
- Order: The Tribunal dismissed the application, allowing the applicant to pursue the matter before a competent judicial authority.

This comprehensive analysis covers all relevant issues, preserving the legal terminology and significant phrases from the original text.

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