9911796707
TMI Blog2021 (1) TMI 760X X X X Extracts X X X X X X X X Extracts X X X X ..... cating Authority erred in rejecting the Application of the Appellant. Appeal dismissed. - Company Appeal (AT) (Insolvency) No. 1101 of 2020 - - - Dated:- 19-1-2021 - [Justice A.I.S. Cheema] Member (Judicial) And [Mr. V.P. Singh] Member (Technical) For Appellant : Mr. Anang Shandilya and Mr. Sandeep Joshi, Advocates. For Respondent : None. ORDER Heard Learned Counsel for Appellant. 2. This Appeal has been filed by the Appellant who claims to be ex-employee of the Corporate Debtor/ORG Informatics Ltd. which is in process of Liquidation. 3. The Appellant filed I.As No. 505 of 2020 and 306 of 2020 before the Adjudicating Authority (National Company Law Tribunal, Ahmedabad Bench). These I.As were filed in CP ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that he was employee of the Corporate Debtor between 16.04.2007 to 31.07.2012. The Appellant relied on documents as mentioned in Column 10 like (i) Copy of Pan Card. (ii) Appointment Letters (ORG Telecom and ORG Informatics). (iii) Relieving Letter by ORG Informatics. (iv) Bank Statement. (v) Calculation of Claim Amount. (vi) Duly Notarized Affidavit. 7. The prayer made in the Application (Copy of which is at Annexure I Diary No. 24669) is as under: In light of the above averments, it is hereby prayed that this Hon ble Tribunal may graciously be pleased to pass necessary order(s): (1) Directing the Liquidator of ORG Informatics Limited (Under Liqn.) to accept and admit the claim of the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant is not free from the shadow of doubt. 21. Further as per the application, the amount is due from 2012 but since 2012 till date applicant never demanded the amount from the Corporate Debtor. Not a single paper is attached, so as, to show that the applicant has demanded the amount. Under such circumstances, the claim itself became time-barred. However, in support of the claim, the applicant filed only a self-prepared statement/calculation sheet (Page No. 26). 22. The said statement is neither verified by its employer nor any proof has been given, so as, to show that at any point in time from 16.04.2007 till 31.07.2014 the applicant has claimed his due amount form its employer. Had there been such huge claim, the applicant woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to reasons as to why Section 238 A with regard to Limitation was inserted in the provisions of IBC. For this purpose, Hon ble Supreme Court referred to the Report of the Insolvency Law Committee of March, 2018 in which Paragraphs 28.2 and 28.3 read as under: 28.2 Further, non-application of the law on limitation creates the following problems; first, it re-opens the right of financial and operational creditors holding time-barred debts under the Limitation Act to file for CIRP, the trigger for which is default on a debt above INR one lakh. The purpose of the law of limitation is to prevent disturbance or deprivation of what may have been acquired in equity and justice by long enjoyment or what may have been lost by a party s own inact ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
