2017 (11) TMI 784 - AT - Insolvency and Bankruptcy

Association of workmen as impleaded in the case u/s 9 of the Insolvency and Bankruptcy Code, 2016 - Held that - Having regard to the fact that after the impugned order being passed, the Adjudicating Authority has already admitted the application under Section 9, as informed by the appellant, we are not inclined to interfere with the impugned order. However, we are of the view that after admission of the application for initiation of Corporate Insolvency Resolution, against the appellant, the association of workmen have no role to play except their members, individually may file claim, the Insolvency Resolution Professional, who is required to proceed in accordance with the provisions of I & B Code. The appeal stands disposed of with the aforesaid observations. However, this order will not come in the way of the aggrieved person to challenge the order of admission of the application under Section 9 of the I & B Code.

Summary

The appeal was filed against an order passed by the Adjudicating Authority regarding the impleadment of an association of workmen in a case under the Insolvency and Bankruptcy Code. The National Company Law Appellate Tribunal decided not to interfere with the order, stating that the association of workmen has no role to play after the admission of the application for Corporate Insolvency Resolution. The appeal was disposed of with this observation, allowing the aggrieved person to challenge the order of admission under Section 9 of the I&B Code.