P. JAYAGOVIND Vs. BIJOY PRABHAKARAN PULIPRA

JUDGEMENT

(1.) The petitioner was an employee of the 2nd respondent-Company. The National Company Law Tribunal (NCLT) commenced Corporate Insolvency Resolution Process of the Company. The 1st respondent was appointed as Resolution Professional. The 1st respondent issued notification inviting claims. The petitioner submitted a claim for Rs.3,09,45,200/- as operational creditor.

(2.) The 1st respondent published a final list of creditors on 20.10.2020. The petitioner was not given any notice or heard in person before publishing the final list. The 1st respondent rejected the claim of the petitioner holding that his claim is "excess claim". The petitioner thereupon approached the NCLT filing MA No.177/KOB/2020 under Section 60(5) of the Insolvency and Bankruptcy Code, 2016. On 14.12.2020, as per Ext.P3, the NCLT directed the petitioner to submit documents sought for by the 1st respondent within two weeks. The Resolution Professional was directed to explore all possibilities to settle the claim of the petitioner. The NCLT directed the Resolution Professional to give a reply to the petitioner before finalisation of the resolution plan.

(3.) It is the case of the petitioner that the petitioner submitted requisite materials on 28.12.2020, before the expiry of two weeks period granted by the Tribunal. The said letter of the petitioner was supported by necessary documents. However, the 1st respondent issued Ext.P5 rejecting the petitioner's application on the very next day. Thereafter, the petitioner filed Ext.P9 Miscellaneous Application before the NCLT on 05.01.2021 seeking to set aside Ext.P5. Diary number was given to the Miscellaneous Application filed by the petitioner. However, in spite of passage of 18 days, the NCLT did not number Ext.P9 Miscellaneous Application. In the meanwhile, the petitioner noted that proceedings were pending before the NCLT for approval of the resolution plan submitted by the 1st respondent.