2022 (5) TMI 493

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....gned Order dated 06/09/2021, passed by the Learned Adjudicating Authority (National Company Law Tribunal, Mumbai Bench), in C.P. (IB) No. 1060/MB/2019, 'Mr. Kishore K. Lonkar preferred this Appeal against the Order of dismissal of the Application under Section 9 of the Insolvency and Bankruptcy Code, 2016, (hereinafter referred to as 'The Code'). 2. Learned Counsel strenuously contended that the Appellant worked as the employee in the Respondent Company and attained superannuation on 31/10/2016 and that the following service benefits are 'due and payable' by the Respondent Company: Sr. No. Particulars Amount (Rs.) 01. Gratuity 10,00,000/- 02. EL Encashment 6,74,273/- 03. LTC 6,604/-   Total ....

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.... Ltd.' Vs. 'ICICI & Anr.', (2018) 1 SCC 407, with respect to 'debt' and 'default' is applicable to the facts of this case. 7. It is significant to mention that the Adjudicating Authority has recorded in the Impugned Order that one Mr. Harsh S. Pinge earlier filed a similar Petition 2482/2018 before the Adjudicating Authority claiming his retiral benefits/dues, the proceedings of which were stated by the Hon'ble High Court of Mumbai in Writ Petition No. 11366/2019 in an Interim Application No. 01 of 2019 filed by the Respondent Company. 8. Section 5(21) of the Code reads as follows: "5. Definitions.- In this Part unless the context otherwise requires,- (21) "Operational Debt" means a claim in respect of the provision ....

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....nd salary, accrued holiday remuneration, workmen compensation, and all sums due from Provident Fund, Pension, Gratuity Fund or any other fund for the welfare of the workmen, maintained by the employer. Generally speaking, the 'Claims' of the workmen/employees may be classified as 'service claims' which arise during the terms of employment, in lieu of service rendered by the employee, salary, wages, bonus, dues etc., and 'welfare claims' which arise after cessation of employment, like 'Gratuity', 'Leave Encashment', Superannuation Dues, Workmen Compensation for closure of the entity which all depend on the tenure of the employment. Subsequent to the Company going into the Insolvency, all such claims may be submitted in Form D under Regulatio....