9911796707
TMI Blog2021 (3) TMI 1051X X X X Extracts X X X X X X X X Extracts X X X X ..... It is evident that the applicants have been granted interest on gratuity till the date of commencement of CIRP. Hence nothing survives for consideration in these applications. Application dismissed. - I.A.(IBC) No. 34/KOB/2021 & IA (IBC) No.39/KOB/2021 In TIBA No.03/KOB/2019 - - - Dated:- 22-3-2021 - MR. ASHOK KUMAR BORAH, MEMBER (JUDICIAL) For applicants : Mr. Ashok B Shenoy, Advocate For Respondent : Mr.Vinod PV, Advocate ORDER Since common question of facts and law are involved and similar reliefs are sought in both cases, they are disposed of through this common order. 2. Both the applications are filed under Section 60(5) of Insolvency and Bankruptcy Code, 2016 against the Resolution Professional seeking th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Regional Labour Commissioner (Central) Trivandrum under Section 7 of Payment of Gratuity Act, 1972 upholding the applicants entitlement to interest on their entitlement to gratuity at the statutory rate of 10% per annum from their respective dates of retirement until actual date of payment. However, the respondent Resolution Professional has not communicated his decision either admitting or rejecting their claims. From the website, they could discern that the amount of interest on gratuity and salary dues admitted has not been admitted by the respondent. Hence, applicants submitted representations to the respondent, however without response. They contend that non-admission of applicants legitimate claim for interest on their admitted clai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... approval of the Resolution Plan, no addition can be made in the Resolution Plan. The claim process has been completed within 90 days from the date of admission of the application by this Tribunal. The resolution plan has been prepared by the Resolution Applicant based on the claims verified and admitted and the Information Memorandum. 5. The Resolution Professional has further stated that he has already admitted and included in the Information Memorandum the interest on gratuity of the applicants, which are as under: Applicants in IA(IBC)34/KOB/2021: S.No Name (Emp.Code) Principal Claimed Interest Claimed Total amount claimed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .. 15,10,288 12, 22,633 2,87,655 10,00,000 1,75,795 7 Joseph KC(1796) 35,81,098 97,917 36,79,015 28,71,207 8,07,808 16,78,590 97,496 8 Varghese VM (2091) 33,74,299 33,74,299 26,71,837 7,02,462 14,01,598 69,504 Applicants in IA(IBC)34/KOB/2021 : S.No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10,00,000 1,99,452 6. This Tribunal heard the arguments advanced by the learned counsel for the applicants and the Resolution Professional, through video conferencing. Since the Resolution Plan has already been approved vide order dated 29.01.2021 in IA(BC)/21/KOB/2021, this Tribunal cannot direct the Respondent herein to grant any relief to the applicants. From the above quoted table, it is seen that the applicants have been granted interest on gratuity till the date of commencement of CIRP. Hence nothing survives for consideration in these applications. 7. In view of the above, IA(IBC)34/KOB/2021 and IA(IBC)/39/KOB/2021 are dismissed. Dated the 22nd March,2021 - - TaxTMI - TMITa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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