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TMI Blog2021 (2) TMI 931X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings - Section 33 read with Section 53 of the Insolvency and Bankruptcy Code 2016 read with Rule 11 and 32 of the National Company Law Tribunal Rules, 2016. HELD THAT:- It is found that according to the learned counsel for the applicant , the purpose of forming the association was to collectively agitate before all the forums including this Bench and that there are 132 former workmen of the Company in Liquidation who are the members of this association, who have joined together to bring the issues before this Bench relating to the said workmen. Along with the written submission the learned counsel has submitted a copy of the members list, whereas, in the IA the applicant has not mentioned the number of employees in the association and only the signatories of Memorandum were annexed, in which only 7 members name are mentioned. Therefore, it is apparent from the records that the applicant Association itself is not sure as to how many workmen the association filed this application for the reliefs sought. The respondent is in the process of issuing fresh orders under Section 40 (2) of the I B Code clearly categorizing the amounts accepted and the amounts rejected, with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation proceedings. Payment as and when due can be made to the Legal Heirs of the deceased Workmen on production of valid documents. 2. The brief facts leading to the IA are as follows: - An application has been filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the Code' ) read with Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 against the Corporate Debtor (Excel Glasses Limited) before the National Company Law Tribunal, Chennai Bench, by Boon Investment and Trading Company Private Limited. The said application was admitted by the National Company Law Tribunal, Chennai Bench, vide its Order dated March 26, 2019 and accordingly, the Corporate Insolvency Resolution Process (hereinafter referred to as CIRP ) was initiated. Since no resolution plan was received during CIRP period, the orders for Liquidation of the Corporate Debtor was issued vide the Order dated October 21, 2019 by this Bench and the Respondent herein, Mr. Ravindra Chaturvedi, was appointed as the Liquidator of the Corporate Debtor. Pursuant to that, the liquidator made a public announcement on October 24, 2019 in Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herein is impleaded as a necessary party in the above proceedings. 4. It is further stated that in the Stakeholders Consultation Committee under Regulation 31A of IBBI (Liquidation Process) Regulation 2016, the representative of Workmen and employees is one Mr. Venugopal. It is not known as to how his name has been included. It is seen that in various proceedings he was part of the management and hence not eligible to represent the workmen. The Liquidator has badly erred in including him as the Workmen's representative. It is stated that the applicant's nominee viz Shri. Rajesh. R is nominated on the aforesaid Committee as the Applicant represents large number of Workmen and hence would be in a better position to represent the cross section of the Workmen whereas the present incumbent would be only figure head nomination and that too of the management. The applicant has relied on the decision of the Hon'ble Apex Court in the case of J.K Jute Mill Mazdoor Morcha vs. Juggilal Kamlapat Jute Mills (Civil Appeal No. 20978 of 2017)-to say that a Trade Union would come under the definition of Person' under Section 3(23) of the Insolvency and Bankruptcy Code 2016. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Adjudicating Authority being aggrieved against the decision of the Liquidator within 14 days of receipt of such determination. This decision of the Liquidator was made on 27.12.2019 and this application was filed on 29.01.2020 which is clearly after 14 days. In view of the above, the present application is not maintainable under Section 33 read with Section 53 of the Insolvency and Bankruptcy Code, 2016 and is, therefore, is liable to be dismissed. 8. The learned senior counsel for the respondent further submitted that the claims were processed as per Regulation 25 read with Regulation 19(4) of Liquidation Process Regulations, 2016 verifying the audited books of accounts of Corporate Debtor and intimated to all workmen/employees regarding their claims under Sec 40(2). Consequently, the list of stakeholders was published on the website and filed before this Bench with the following remark: The claim amount admitted is subject to further scrutiny based on subsequent information/ documents sought from the Corporate Debtor / Creditors, and the Liquidator may modify / correct the list of claims under Regulations 31(3) and 31(4) of the IBBI (Liquidation Process) Regulations, 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, who have joined together to bring the issues before this Bench relating to the said workmen. Along with the written submission the learned counsel has submitted a copy of the members list, whereas, in the IA the applicant has not mentioned the number of employees in the association and only the signatories of Memorandum were annexed, in which only 7 members name are mentioned. Therefore, it is apparent from the records that the applicant Association itself is not sure as to how many workmen the association filed this application for the reliefs sought. The last prayer in this IA is to admit the amount due to each workman irrespective of whether they have preferred a claim, based on the books and records of the company especially as some of the workmen may have expired and their legal heirs may not be aware of the liquidation proceedings. As per Regulation 19 (4) of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016: The liquidator may admit the claims of a workman or an employee on the basis of the books of account of the corporate debtor if such workman or employee has not made a claim. Therefore, I do not find it relevant to cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion Regulation and the Respondent is willing to comply with the same. 15. Considering the above order dated 10.08.2020 in MA/78/KOB/2020 and the submissions made by the respondent in this regard that the respondent is in the process of issuing fresh orders under Section 40 (2) of the I B Code clearly categorizing the amounts accepted and the amounts rejected, with reasons, I am of the view that the application filed under Section 33 read with Section 53 of the I B code, 2016 and Rules 11 and 32 of the National Company Law Tribunal Rules,2016 cannot be accepted . In case the applicants are aggrieved by the order passed by the liquidator as ordered in MA/78/KOB/2020, the applicants are at liberty to approach the appropriate forum under Section 42 of the I B Code. 16. Regarding prayers (a), (b) and (c), since this Tribunal is not accepting the claim under Section 53 of the Code, those prayers can be raised at the appropriate time while filing the appeal, if so advised. 17. For the aforesaid reasons, the IA filed by the applicant stands rejected with liberty to file fresh application under Section 42 of Code, if so advised. Dated the 8th day of September, 2020. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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