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TMI Blog2021 (3) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of ₹ 11,00,000 to the resolution professional which will be distributed to all the employees/workers equally, apart from the payment provided in the resolution plan. The resolution applicant sent to resolution professional, has confirmed and revised the plan amount accordingly - Application allowed. - M. A. Nos. 3263, 3879 of 2019 and 528 of 2020 in C. P. (IB) No. 1613 /NCLT/MB/ 2018 - - - Dated:- 1-9-2020 - SMT. SUCHITRA KANUPARTHI Judicial Member and V. NALLASENAPATHY Technical Member Yachana Rawal instructed by D. G. Mishra for the applicant in M.A. Nos. 3263 and 3879 of 2019. Darshat Jain instructed by D. G. Mishra for the applicant in M. A. 528 of 2020. Jehaan Mehta with Amey Hadwale and Geeta Lundwani for resolution professional for the respondent. ORDER M. A. No. 3263 of 2019 : 1. This is an application filed by Ms. Anita Bakshi Singh Khokhar and 16 others stating that they were employees of the corporate debtor and filed their claim in form-D claiming their salary dues. The applicants submit that due to inadvertence and oversight the form-D filed in the month of January, 2019 did not include gratuity amount recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised resolution plan. 5. The applicants submit that on September 12, 2019 the resolution professional informed that the revised claim submitted by the applicants cannot be accepted as it has been submitted belatedly after the approval of the resolution plan by the members of the CoC and also stated that the original claims submitted individually by the applicants were accepted. The resolution professional also declined to share the resolution plan. The applicants filed this application for direction to the resolution professional and the CoC to consider the revised claims filed by the applicants. 6. The resolution professional vide affidavit in reply dated January 5, 2020 states that, public announcement inviting claims from all the creditors in form A of the Schedule II, as per regulation 6 of the Insolvency and Bankruptcy Board of India (IBBI) (Insolvency Resolution Process for Corporate Person) Regulations, 2016 ( CIRP Regulations ) was made on December 23, 2018 and on December 24, 2018. It is further submitted that the resolution professional received the claims under form D from the applicants/ employees of the corporate debtor in the month of January, 2019 which were du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o file their revised claims within 90 days of the insolvency commencement date, as provided under regulation 12(2) of the CIRP Regulations and therefore their claims cannot be accepted under the prescribed law. 11. The resolution professional further submits that once the resolution plan is approved by the CoC and is pending before the National Company Law Tribunal for its consideration, the revised claims cannot be accepted. The resolution professional has relied on the judgment of hon'ble National Company Law Appellate Tribunal in the matter of, G. V. Suresh Kumar v. Kapil Dev Taneja, RP in CIRP of M/s. Apex Drugs Ltd., company order in C. A. No. 1162 of 2019, dated November 7, 2019 wherein it is held as follows : . . . 6. We have gone through the contentions raised by the respondent in his counter. After considering counter and annexure filed with it, and on perusal of Rules and Regulations relied by the respondent under Insolvency and Bankruptcy Code, 2016 we are of the considered view that the claims by RP can be admitted only within 90 days from the starting of CIRP proceedings, upon submission of claim in prescribed form and formats. 4. The Adjudicating Authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aim application in form-D claiming salary dues from the corporate debtor. It is submitted that due to inadvertence and oversight the form-D filed does not include gratuity amount and hence they have filed revised form-D through their advocate on September 11, 2019 claiming salary, LTA, bonus and gratuity amount. It is submitted that as workmen, they are entitled to make the claim in accordance with section 326 of the Companies Act, 2013. 15. It is submitted that the resolution professional on November 25, 2019 in response to the applicants' advocate's e-mail dated November 23, 2019 informed that the revised resolution plan was discussed and put for e-voting on August 29, 2019 and the e-voting result has been finalised at 12.30 p.m. on September 3, 2019. However, the claims sent by the applicants were received by the resolution professional after September 3, 2019 and as the resolution plan has already been put for e-voting the resolution professional informed that she cannot accept the claims after the approval of the resolution plan by the CoC. In view of this the applicants filed this application for direction to the resolution professional and the CoC to consider th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -D claiming salary from the corporate debtor. Subsequently they have filed revised form-D claiming salary, LTA, bonus and gratuity. The applicants submit that during the hearing before this Tribunal counsel for the resolution professional informed that the corporate debtor's liability is 40 crores whereas only sum of ₹ 9 crores was available with the resolution professional. Counsel appearing on behalf of applicants Nos. 1 to 28 pointed out that there is a property situated at Colaba and the same is not considered as the asset of the corporate debtor in CIRP by the resolution professional. The advocate for the resolution professional replied that the property situated at Colaba is a tenanted premise and the same is valued at rupees zero (₹ 0) in the resolution plan by the CoC. 20. Applicants Nos. 1 to 28 state that they are going to get only 25 per cent. of the claim filed by them in the month of January, 2019, i. e., around ₹ 20,00,000. The applicants submit that since no value was assigned for the tenanted premises at Colaba, applicants Nos. 1 to 28 request the CoC/resolution professional to handover the possession of the Colaba property to applicant No. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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