2018 (7) TMI 2362

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....Justice Bansi Lal Bhat, Member (Judicial)   For Appellants: Mr. Swarnendu Chatterjee and Mr. Pinaki Addy, Advocates. For Respondent: Mr. Vinod Kumar Kothari, Liquidator with Ms. Nitu Poddar, PCS and Mr. Anirudh Wadhwa & Mr. Madhusudan Sharma, Advocates for R-1. Mr. B. B. Sawhney, Sr. Advocate with Mr. Lakshy Sawhney, Advocate for Impleader (TDB). ORDER This appeal has been preferr....

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....which was existing prior to liquidation Rs.16 Crore has been paid in favour of the Secured Creditors. 3. Notice was issued on the question as to whether the gratuity amount lying in the 'Gratuity Trust Fund' can be treated to be asset of the Corporate Debtor. Mr. Vinod Kothari, Liquidator appeared in person and took plea that 'Gratuity Trust Fund' of the employees has not been treated as asset ....

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....rustees of the Gratuity Fund: a. Mr. Kartick Kr. Chatterjee, Chairman b. Mr. Shiv Siddhant Narayan Kaul, Member c. Mr. Sibaji Datta, Member d. Mr. Subrata Bhattacharjee, Member 5. That further, as per the information received from the exHuman Resource Head, vide an email dated 06.07.2018, of the Corporate Debtor, attached herewith and marked as Annexure....

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....x-employees/workmen/officers of the Corporate Debtor to the extent they are entitled as per their share and law, could not be decided by the Adjudicating Authority or this Appellate Tribunal in the Company Petition or in this appeal. 5. Any decision of the Adjudicating Authority relating to the 'Gratuity Trust Fund' or observation made in the impugned order dated 8th March, 2018 should be treat....