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    <title>2022 (10) TMI 739 - NATIONAL COMPANY LAW TRIBUNAL , CHANDIGARH BENCH</title>
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    <description>Gratuity was held not payable through the insolvency process where the corporate debtor had not created a gratuity fund, but salary and leave encashment for services rendered during CIRP were treated as insolvency resolution process costs because they arose from running the debtor as a going concern and had to be provided for in priority. The resolution professional was entitled to take custody and control of the corporate debtor&#039;s owned vehicles, and their handover was directed because such assets must be preserved during CIRP. The claim for car rental was not decided in the insolvency proceedings and was left to be pursued before the appropriate forum.</description>
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      <description>Gratuity was held not payable through the insolvency process where the corporate debtor had not created a gratuity fund, but salary and leave encashment for services rendered during CIRP were treated as insolvency resolution process costs because they arose from running the debtor as a going concern and had to be provided for in priority. The resolution professional was entitled to take custody and control of the corporate debtor&#039;s owned vehicles, and their handover was directed because such assets must be preserved during CIRP. The claim for car rental was not decided in the insolvency proceedings and was left to be pursued before the appropriate forum.</description>
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