TaxTMI 
TaxTMI 
2021 (5) TMI 433
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.... to ensure that the Applicants herein are considered a part of the Scheme of the Corporate Debtor under Section 230 of the Companies Act, 2013; and (iii) Pass such other order as this Court may deem fit. 2. The Learned Counsel for the Applicants submitted that the Applicants herein are largely cotton ginners who have been supplying goods to the Corporate Debtor viz. M/s. Thirupur Surya Textiles Private Limited. The Corporate Debtor had filed an Application under Section 10 of IBC, 2016 before this Tribunal and this Tribunal vide order dated 14.06.2017 had initiated the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor and appointed one Mr. Muthuraju as the Interim Resolution Professional (IRP). The IRP has caused public announcement and the last date for the submissions of the claim was fixed as 17.06.2017. It was submitted that in pursuance of the public announcement being made, the 24 Operational Creditors who are the Applicants herein have filed their claim before the IRP for a sum of Rs. 34,93,76,206/-. In order to ascertain the status of their claims being filed with the IRP, the Applicants have appointed an Authorized Representative vide their let....
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.... on 21.08.2019 inviting suitable bidders to submit a Scheme of Arrangement/Compromise for the Corporate Debtor and the last date was fixed as 17.09.2019. It was submitted by the Learned Counsel for the Applicants that upon getting the knowledge of the order dated 08.08.2019 passed by the Hon'ble NCLAT, the Applicants herein through their Authorized Representative have sent emails to the Respondent requesting them to inform about the developments with respect to the Scheme and also sought for a copy of the valuation report. It was submitted that despite sending e-mail communications, there was no response from the Respondent. Further, it was submitted that on 17.09.2019, the Authorized Representative of the Applicants wrote an e-mail to the Respondent to keep the Applicants updated on the Liquidation process and that on 22.11.2019, the Respondent has sent an e-mail to the Authorized Representative of the Applicants stating that the promoters of the Corporate Debtor has filed a Compromise/Scheme under Section 230 of the Companies Act, 2013 and further it has been stated in the said reply that the Applicants have not submitted their claims during the Liquidation stage in relation ....
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....holders, which came to be dismissed by this Tribunal vide its order dated 04.12.2019 on the ground of maintainability since the scheme proponents are persons ineligible to submit a Scheme under Section 29A of IBC, 2016. 10. Thus, it was contended by the Learned Counsel for the Applicants submitted that the Applicants have not submitted any claims within the period stipulated under the IBC, 2016 during the period of liquidation process and hence sought for the dismissal of the present Application. 11. The Applicants have filed rejoinder and they have reiterated and canvassed the same issues as raised in their application. 12. Heard the submissions made by the Learned Counsel for both the parties. The Applicants who claim to be the Operational Creditors in relation to the Corporate Debtor have submitted their claims during the CIRP in relation to the Corporate Debtor but have failed to submit their claims during the Liquidation process of the Corporate Debtor. It is seen that the Applicants in their Application have averred that they came to know about the Liquidation process of the Corporate Debtor only when the order was passed by the Hon'ble NCLAT on 08.08.2019. However, ev....
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....proof of employment such as contract of employment for the period for which such workman or employee is claiming dues; (ii) evidence of notice demanding payment of unpaid amount and any documentary or other proof that payment has not been made; and (iii) an order of a court or tribunal that has adjudicated upon the non-payment of dues, if any. (4) The liquidator may admit the claims of a workman or an employee on the basis of the books of account of the corporate debtor if such workman or employee has not made a claim. The claim in respect of workmen and employees alone are required to be admitted by the Liquidator based on the books of accounts of the Corporate Debtor, eventhough the Workmen and Employees have not preferred a claim before the Liquidator as per Regulation 19(4) of the IBBI (Liquidation Process) Regulations, 2016 and no such relaxation is granted/available to the Operational Creditor like the Applicants herein or for that matter for any other class of creditors. Thus filing of the claim with the Liquidator during the Liquidation process within the time period stipulated thereunder is a mandatory requirement under the IBC, 2016 and also it must be noted here t....