TaxTMI 
TaxTMI 
2021 (12) TMI 1110
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....(IBC)/46/KOB/2021, CA(IBC)/47/KOB/2021, CA(IBC)/48/KOB/2021, CA(IBC)/49/KOB/2021, CA(IBC)/50/KOB/2021, CA(IBC)/51/KOB/2021, CA(IBC)/52/KOB/2021, CA(IBC)/53/KOB/2021, CA(IBC)/54/KOB/2021, CA(IBC)/55/KOB/2021, CA(IBC)/56/KOB/2021, CA(IBC)/57/KOB/2021, CA(IBC)/58/KOB/2021, CA(IBC)/59/KOB/2021, CA(IBC)/60/KOB/2021, CA(IBC)/61/KOB/2021, CA(IBC)/62/KOB/2021, CA(IBC)/63/KOB/2021, CA(IBC)/64/KOB/2021, CA(IBC)/65/KOB/2021. inIBA/258/2019(Chennai Bench) (Under Section 42 of IBC,2016) Hon'ble Mr. Rajesh Sharma Hon'ble Member (Technical) And Mr. Ashok Kumar Borah Member (Judicial) For the Appellants : Shri. Jayesh S. Pillai, (Advocate) For the Respondent : Shri.Joseph Kodianthara, (Senior Advocate) ORDER Though there is a delay in preferring this Appeal this matter has been taken for consideration along with other connected matters pending before this Tribunal under Section 42 of Insolvency & Bankruptcy Code, 2016 (hereinafter referred as Code). 1. These appeals have been filed by the Petitioners/Appellants who were workmen/ employees of Excel Glasses Limited, aggrieved by the decision of the Liquidator in the Claims of Workmen/ Employees of the Excel Glasses Limi....
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....uch as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 16,14,847/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount Rs. 1,24,679/- has only been admitted by the respondent. CA(IBC)/07/KOB/2021 The appellant Jayesh Babu stated that he was an Ex-employee of the Corporate Debtor from 05.09.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,00,000/-. However, from the communication issued by the Respondent through Email dated 26.08.2020, the appellant came to know that an amount of Rs. 1,30,617/- has only been admitted by the respondent. CA(IBC)/08/KOB/2021 The appellant Anil Kumar K.E. stated that he was an Ex-employee of the Corporate Debtor from 01.12.1997 and was in continuous service till the Co....
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....ondent through Email dated 31.08.2020, the appellant came to know that an amount of Rs. 74,633/- has only been admitted by the respondent. CA(IBC)/12/KOB/2021 The appellant Baburaj E. stated that he was an Ex-employee of the Corporate Debtor from 01.06.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 18.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 16,94,841/-. However, from the communication issued by the Respondent through Email dated 24.08.2020, the appellant came to know that an amount of Rs. 1,36,686/- has only been admitted by the respondent. CA(IBC)/13/KOB/2021 The appellant K.N. Santhosh Kumar stated that he was an Ex-employee of the Corporate Debtor from 07.12.1998 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 28.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, ....
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....hat he was an Ex-employee of the Corporate Debtor from 04.01.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 16,59,140/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount to the tune of Rs. 1,44,554 /- has only been admitted by the respondent. CA(IBC)/18/KOB/2021 The appellant Robert K.S. stated that he was an Ex-employee of the Corporate Debtor from 05.07.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,34,089/-. However, from the communication issued by the Respondent through Email dated 24.08....
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.... his claim in Form E on 25.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,61,327/-. However, from the communication issued by the Respondent through Email dated 30.08.2020, the appellant came to know that an amount of Rs. 1,43,875/- has only been admitted by the respondent. CA(IBC)/23/KOB/2021 The appellant Vijayakumara Panicker stated that he was an Ex-employee of the Corporate Debtor from 01.11.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 16,77,728/-. However, from the communication issued by the Respondent through Email dated 27.08.2020, the appellant came to know that an amount of Rs. 1,36,753 /- has only been admitted by the respondent. CA(IBC)/24/KOB/2021 The appellant Dharmajan P. stated that he ....
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....ratuity. His total claim amount is Rs. 16,08,377/-. However, from the communication issued by the Respondent through Email dated 20.08.2020, the appellant came to know that an amount of Rs. 83,211/- has only been admitted by the respondent. CA(IBC)/28/KOB/2021 The appellant P.S. Thampi stated that he was an Ex-employee of the Corporate Debtor from 14.09.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 21.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,00,000/-. However, from the communication issued by the Respondent through Email dated 30.08.2020, the appellant came to know that an amount of Rs. 1,36,885/- has only been admitted by the respondent. CA(IBC)/29/KOB/2021 The appellant Thomas S. stated that he was an Ex-employee of the Corporate Debtor from 20.03.2002 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 18.11.2019 to the res....
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....been admitted by the respondent. CA(IBC)/33/KOB/2021 The appellant Muraleedharan Unni stated that he was an Ex-employee of the Corporate Debtor from 07.09.1993 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 21.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 11,42,324/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of Rs. 1,58,775/- has only been admitted by the respondent. CA(IBC)/34/KOB/2021 The appellant Sabu B. stated that he was an Ex-employee of the Corporate Debtor from 07.07.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,00,000/-. ....
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....the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 18,20,618/-. However, from the communication issued by the Respondent through Email dated 24.08.2020, the appellant came to know that an amount of Rs. 1,62,171/- has only been admitted by the respondent. CA(IBC)/39/KOB/2021 The appellant Sony Varghese stated that he was an Ex-employee of the Corporate Debtor from 06.07.1998 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,04,293/-. However, from the communication issued by the Respondent through Email dated 28.08.2020, the appellant came to know that an amount of Rs. 1,24,679/- has only been admitted by the respondent. ....
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....ensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 14,25,090/-. However, from the communication issued by the Respondent through Email dated 29.08.2020, the appellant came to know that an amount of Rs. 73,958/- has only been admitted by the respondent. CA(IBC)/44/KOB/2021 The appellant Joseph M. stated that he was an Ex-employee of the Corporate Debtor from 04.07.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 17,60,600/-. However, from the communication issued by the Respondent through Email dated 26.08.2020, the appellant came to know that an amount of Rs. 1,30,743/- has only been admitted by the respondent. CA(IBC)/45/KOB/2021 The appellant Radhakrishnan P. stated that he was an Ex-employee of the Corporate Debtor from 10.04.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21....
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....8.2020, the appellant came to know that an amount of Rs. 1,44,512/- has only been admitted by the respondent. CA(IBC)/49/KOB/2021 The appellant Aji T.S. stated that he was an Ex-employee of the Corporate Debtor from 19.08.1997 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 22.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 20,00,000/-. However, from the communication issued by the Respondent through Email dated 29.08.2020, the appellant came to know that an amount of Rs. 1,30,934/- has only been admitted by the respondent. CA(IBC)/50/KOB/2021 The appellant Manoj V.R. stated that he was an Ex-employee of the Corporate Debtor from 29.08.2006 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and ....
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....the Corporate Debtor from 25.04.1996 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 18,42,735/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of Rs. 1,38,013/- has only been admitted by the respondent. CA(IBC)/55/KOB/2021 The appellant K.V. Thomas stated that he was an Ex-employee of the Corporate Debtor from 25.06.1987 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 20.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 20,18,696/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an ....
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....nt claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. As per Annexure C his total claim amount is Rs. 20,92,275/-. However, from the communication issued by the Respondent through Email dated 19.08.2020, the appellant came to know that an amount of Rs. 92,836/- has only been admitted by the respondent. CA(IBC)/60/KOB/2021 The appellant Prathapan V.M. stated that he was an Ex-employee of the Corporate Debtor from 28.12.1995 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 18.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 14,97,102/-. However, from the communication issued by the Respondent through Email dated 28.08.2020, the appellant came to know that an amount of Rs. 1,46,105/- has only been admitted by the respondent. CA(IBC)/61/KOB/2021 The appellant Sajimon T.A. stated that he was an Ex-employee of the Corporate Debtor....
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....s. 39,42,475/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of Rs. 1,36,885/- has only been admitted by the respondent. CA(IBC)/65/KOB/2021 The appellant Prakashan S. stated that he was an Ex-employee of the Corporate Debtor from 15.03.2006 and was in continuous service till the Corporate Debtor went into liquidation on 21.10.2019. He had submitted his claim in Form E on 25.11.2019 to the respondent claiming amounts on various counts such as salary arrears, bonus, lay off compensation, closure/ retrenchment compensation, and notice pay and gratuity. His total claim amount is Rs. 16,13,708/-. However, from the communication issued by the Respondent through Email dated 31.08.2020, the appellant came to know that an amount of Rs. 1,18,742/- has only been admitted by the respondent. 4. The respondent -Liquidator, filed counter in each case, inter alia, stating 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/ cl....
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....led these Appeals. FINDINGS: 5. We have gone through the case records and the arguments advanced by the learned counsel for the appellants as well as the learned Senior Counsel for the respondent - Liquidator as gone through 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 submission of the Respondent that he has not been provided with any order from the appropriate authority in connection with payment of gratuity etc. Since the Appellants have not produced any order of the Labour Court or such authorities the Liquidator on his own cannot decide on disputed liability of them. He can only act on the strength of crystalized claims. 6. We have also gone through the Settlement Agreement dated 02.12.2015 which was arrived at between the Management of Excel Glasses and the Trade Unions, in which it was stated that the lock-out was valid and legally done by the company. 7. This Tribunal suggested modification in the list of stakeholders vide order dated 10.08.2020 in IA 78/KOB/2020 filed under Section 35(1)(n) of the Code and that the Resp....