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2021 Supreme(SC) 352

ROHINTON FALI NARIMAN, B.R.GAVAI, HRISHIKESH ROY
N. Subramanian – Appellant
Versus
Aruna Hotels Ltd. – Respondent


JUDGMENT :

ROHINTON FALI NARIMAN, J.

CIVIL APPEAL NO. 187 OF 2019

1. I.A. No. 163654 of 2019 for intervention is dismissed.

2. The present appeal is filed by an erstwhile employee of the Corporate Debtor, i.e. the Respondent No. 1 Company. The Appellant joined the Corporate Debtor as a Personal Assistant on 01.01.1983 and over the years received several promotions, including to Manager-Administration. His final designation before he left from service in 2013 was Public Relations Manager.

3. This appeal arises from an application that was made by the Appellant under Section 9 of the Insolvency and Bankruptcy Code, 2016 [“IBC”] dated 21.07.2017. In this application, the Appellant averred that a sum of Rs. 1.87 Crores was owed to him, being the arrears of salary from the year 1998 till 2013 when he retired from service, and that several acknowledgments of liability have been given of the arrears payable, the last of which was by a letter dated 30.09.2014 by the erstwhile Managing Director of the Company. The Corporate Debtor replied to the aforesaid Section 9 application denying any liability and, in any case, stated that claims that are made by the Appellant are time-barred. The National

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