2021 (3) TMI 1051

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....ugh this common order. 2. Both the applications are filed under Section 60(5) of Insolvency and Bankruptcy Code, 2016 against the Resolution Professional seeking the following reliefs: (i) Direct the respondent Insolvency Resolution Professional under Section 60(5) of Insolvency and Bankruptcy Code, 2016 to admit the applicants' claim for interest on their admitted claims of gratuity and salary dues for the period from the dates of their respective dates of retirement up to the date of its payment and to include the claims for interest thereof in the Information Memorandum under Section 29 of the said Act as also in the Resolution Plan under Section 30 of the said Act and; (ii) To grant such other and further reliefs as....

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....ants submitted representations to the respondent, however without response. They contend that non-admission of applicants' legitimate claim for interest on their admitted claims for gratuity and salary dues has given rise to file these applications and that there is absolutely no justification on the part of the respondent in having declined to admit the claims for interest. 4. In both cases, the Resolution Professional Mr.Kumar Rajan has filed a counter affidavit stating that the present applications are highly belated, infructuous and is not maintainable for the reason that this Tribunal approved the Resolution Plan of the Corporate Debtor vide order dated 29.01.2021 in IA(BC)/21/KOB/2021 and the respondent has already been discharged ....

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....ame (Emp.Code) Principal Claimed Interest Claimed Total amount claimed Total claim admitted Total claim rejected Gratuity Interest on gratuity 1 Ephrem Sebastine (1221) 31,92,040 3,18,201 35,10,241 26,42,411 8,67,830 16,31,700 1,34,559 2 Ravi Ke(1229) 28,89,374 67,409 29,56,783 23,47,740 6,09,043 16,17,835 80,227 3 Philip C Kurian (1660) 35,69,876 1,78,494 37,48,370 28,81,621 8,66,749 16,74,713 83,047 4 Somadas K(2092) 27,09,123 1,05,120 28,14,243 20,25,614 7,88,629 14,01,598 69,504 5 Aysha TE (809) 32,93,978 .. 32,93,978 26,73,860 6,20,118 17,74,778 1,61,918 6 VijayakumaryS(2132) ....