Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2019 (11) TMI 1649

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ;And V P Singh, JJ. For Appellants:Mr. Y. Rajagopala Rao, Advocate For Respondent: None. ORDER There is a delay of 14 days in preferring the appeal. For the reasons stated by the Appellant and being satisfied with the grounds, the delay of 14 days is condoned. I.A. No. 3433 of 2019 stands disposed of. 2. Heard learned Counsel for the Appellant. Corporate Insolvency Resolution Process (i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... employees of the Corporate Debtor went and submitted claim before the Resolution Professional on 27.06.2019. Resolution Professional took stand that the Respondent is functus officio and when the Appellants moved the Adjudicating Authority, the Adjudicating Authority observed: ... "6. We have gone through the contentions raised by the Respondent in his counter. After considering counter and an .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n Professional did not inform about submitting the claim is vague." ... 4. The Adjudicating Authority observed that in the main petition Resolution Plan was pending for approval and thus claim now tendered by the Appellants could not be considered. 5. Learned Counsel for the Appellant submits that the Appellants are employees of the Corporate Debtor and did not know about the Corporate Insolve .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ve already taken up the issue with the Commissioner of Labour who has issued Certificate of Recovery on 04.07.2019. The Appellants can pursue their legally available remedies, which they have already adopted, after further developments in the proceeding pending before the Adjudicating Authority and end of moratorium. 8. With these observations, we decline to entertain the appeal. The appeal .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates