TaxTMI 
TaxTMI 
2021 (8) TMI 610
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....B/2020, MA/51/KOB/2020, MA/52/KOB/2020, MA/53/KOB/2020, MA/54/KOB/2020, MA/55/KOB/2020, MA/56/KOB/2020, MA/57/KOB/2020, MA/58/KOB/2020, MA/59/KOB/2020, MA/60/KOB/2020, MA/61/KOB/2020, MA/62/KOB/2020, MA/63/KOB/2020, MA/64/KOB/2020, MA/65/KOB/2020, MA/66/KOB/2020, MA/67/KOB/2020 in IBA/258/2019 (Chennai Bench) Jobin C Joseph, Ajesh Antony, Joseph Joseph, Rajesh A, Joseph PC, Pramod Kumar K.R., Francis K.C, Mathew Francis, Binu S, Jayakumar, Jossey J, Madhusoodanan Nair, Sebastian Michael, Aneesh C.G, Ajith Kumar K, Rejimon V.V, Sebastian T.A, Natarajan K.B, Ganesan K.K, Nizar A, Anas Abdul Azeez, Rajesh Kumar V.B, Antony Wilson, Bennichan J, Prajesh J Das, , Varghese M.M, Philip C.J, Sujith P.J, Rajendran P, Prasanth T.P, Varghese Antony, Tony Mathew, Binumon S Pushpalayam, Madhu G Parathara(H), Renjith K.G, Ouseph A.L, Alunkal, Jeevankumar M.R Versus Shri. Ravindra Chaturvedi Liquidator of Excel Glasses Limited Hon'ble Shri. Ashok Kumar Borah, Member (Judicial) And Hon'ble Shri. Shyam Babu Gautam, Member (Technical) For the Applicants : Shri. B. Ashok Shenoy, Advocate For the Respondent : Shri. Joseph Kodianthara, (Senior Advocate) ORDER Per : Ashok Kumar Borah, M....
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.... the aforesaid email, showing the breakup and details of the amounts due to him, as Rs. 8,94,539/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees" uploaded on the website of the subject company on 02.01.2020, the appellant came to know that on 29.02.2020 that an amount to the tune of Rs. 28,488/- has only been admitted by the respondent and an amount of Rs. 14,71,512/- (sic) has been declined. Aggrieved by the decision of the respondent rejecting the claim of the appellant, he had filed this application under Section 42 of the Code. MA/32/KOB/2020 The appellant Ajesh Antony stated that he was a Sorter of the Corporate Debtor since 01.09.2006. On seeing the Public Announcement dated 22.10.2019, he had submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sought for ....
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....ms of the appellant, the appellant filed this application under Section 42 of the Code. MA/34/KOB/2020 The appellant Rajesh A. stated that he was a Swab Boy in I.S Machine Department of the Corporate Debtor since 20.08.2007. The Power of Attorney (dated 12.02.2020) holder of the appellant Mrs. Soniya Raju filed this appeal. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 18.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as Rs. 8,91,854/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejecti....
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....rm E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 22.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 18.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as Rs. 9,39,844/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees" uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 that the total claim to the tune of Rs. 9,39,844/- has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code....
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....details of the amounts due to him, as Rs. 8,93,091/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees" uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 27.02.2020 that the claim to the tune of Rs. 28,445/- has been admitted by the respondent and an amount of Rs. 14,47,197/- (sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/39/KOB/2020 The appellant Binu. S stated that he was a Furnace Operator in the service of the Corporate Debtor since 17.05.2005. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sought for production of certain....
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....appellant, the appellant filed this application under Section 42 of the Code. MA/41/KOB/2020 The appellant Jossey. J stated that he was a worker in Furnace in the service of the Corporate Debtor since 09.05.2005. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 17.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as Rs. 9,41,619/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees" uploaded on th....
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....ion of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 18.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as Rs. 9,21,114/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees" uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 that the claims to the tune of Rs. 28,690/- has been admitted by the respondent and an amount of Rs. 19,71,310/-(sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/44/KOB/2020 The appellant Aneesh C.G stated that he was a Worker in Packing in the service of the Corporate Debtor since 04.07.1998. On seeing the Public Announcement dated 22.10.2019, the appellant ....
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....oaded on the website of the subject company on 02.01.2020, the appellant came to know on 27.02.2020 that the claim to the tune of Rs. 77,295/- has been admitted by the respondent and an amount of Rs. 14,82,705/- (sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/46/KOB/2020 The appellant Rejimon V. V stated that he was a Sorter in the service of the Corporate Debtor since 02.09.2006. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 17.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup a....
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....pondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 25.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 20.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details soughtfor in the aforesaid email, showing the breakup and details of the amounts due to him, as Rs. 4,96,442/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees" uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 that the claim to the tune of Rs. 88,970/- has been admitted by the respondent and an amount of Rs. 3,11,030/- has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed t....
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..../- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees" uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 27.02.2020 that his full claim amount of Rs. 8,93,091/- has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/51/KOB/2020 The appellant Anas Abdul Azeez stated that he was a Swab Boy (Production) in the service of the Corporate Debtor since 01.11.2011. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 29.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 15.12.2019. The ....
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....service of the Corporate Debtor since 02.09.2006. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 27.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as Rs. 9,03,991/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees" uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 that the claim to the tune of Rs. 28,711/- has been admitted by the respondent a....
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....th Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as Rs. 8,45,804/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees" uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 29.02.2020 an amount of Rs. 18,00,000/- (sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/56/KOB/2020 The appellant Varghese M. M stated that he was a Packer in the service of the Corporate Debtor since 05.05.1997. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claims amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sough....
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.... the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/58/KOB/2020 The appellant Sujith P. J stated that he was an employee in the service of the Corporate Debtor since 01.05.2005. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 19.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as Rs. 9,39,844/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees....
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....from the appellant, by Email dated 19.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as Rs. 9,38,364/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees" uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 27.02.2020 that the claim to the tune of Rs. 35,034/- has been admitted by the respondent and an amount of Rs. 17,64,966/- (sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/61/KOB/2020 The appellant Varghese Antony stated that he was a Sorter in the service of the Corporate Debtor since 02.09.2006. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various ....
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....ow on 29.02.2020 that the claim to the tune of Rs. 22,975/- has been admitted by the respondent and an amount of Rs. 9,77,025/-(sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/63/KOB/2020 The appellant Binu Mon S stated that he was a Packer in the service of the Corporate Debtor since 26.08.1995. On seeing the Public Announcement dated 22.10.2019, the appellant submitted his claim in Form E to the respondent claiming an amount on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 22.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 17.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as Rs. 10,61,143/- The appellant submitted tha....
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.... lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity on 20.11.2019. Upon receipt of the appellant's aforesaid claim, the respondent sought for production of certain documents and detail, in terms of Section 39 (2) of Code from the appellant, by Email dated 17.12.2019. The appellant had on 30.12.2019 submitted a detailed Claim Form, afresh with Bio-Data cum claim, furnishing all documents and details sought for in the aforesaid email, showing the breakup and details of the amounts due to him, as Rs. 10,14,692/- The appellant submitted that despite submission of claim, respondent did not communicate the decision of either admission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees" uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 27.02.2020 that the claim to the tune of Rs. 77,033/- has been admitted by the respondent and an amount of Rs. 17,22,967/-(sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. MA/66/KOB/2020 ....
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....ission or rejection of the appellant's claim. However, as per the list of "Details of Claims of Workmen/ Employees" uploaded on the website of the subject company on 02.01.2020, the appellant came to know on 27.02.2020 that the claim to the tune of Rs. 97,735/- has been admitted by the respondent and an amount of Rs. 10,44,589/- (sic) has been declined. Aggrieved by the decision of the respondent rejecting the claims of the appellant, the appellant filed this application under Section 42 of the Code. 3. The respondent -Liquidator, filed counter in each case inter alia stating in all the cases as under: - I. At the time of processing of the claims received from the employees, certain deficiencies were found in the claim application and they were advised vide Email and registered letters for their responses/ clarifications. However, satisfactory responses were not received and the Respondent had no option but to accept the claims upto the amount reflected in the audited books of accounts of the Corporate Debtor. II. The respondent summarised the points as stated in Exhibit D (List of stakeholders for workmen/ Employees) of the stakeholders Report dated 20.12.2....
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....at the Appellants without properly responding to the communication addressed to them has filed these Appeals. Findings: 4. We have gone through the case records and submissions made by the learned counsel for the appellants as well as the learned Senior Counsel for the respondent - Liquidator as also the extant provisions of the Code and Rules made thereunder. After hearing the arguments made by both parties through video conferencing and on verification of records it is found that the Liquidator filed M.A./78/KOB/2020 in IBA/258(CB)/2019 under Section 35(1)(n) of IBC 2016 and Regulation 31(3) of the Insolvency and Bankruptcy Board of India Regulations, 2016 seeking appropriate directions/order in respect of modifications in the List of Stakeholders Report. For the reasons stated therein and after considering the documents produced, this Tribunal vide order dated 10.08.2020 passed the following order: "In view of the above, the Liquidator is permitted to appropriately modify the entry or entries in the List of Stakeholders Report in the subject matter. The Liquidator is directed to meticulously adhere to the Rules and Regulations while carrying out the above exercise....