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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Barun Mitra, Technical Member
Rashtriya Mill Mazdoor Sangh – Appellant
Versus
National Textile Corporation Limited – Respondent
| Table of Content |
|---|
| 1. background of wage reduction, demand notice, and nclt dismissal. (Para 2) |
| 2. rival contentions on pre-existing dispute and reconciliation. (Para 3 , 4 , 7 , 8) |
| 3. plausible pre-existing dispute upheld via labour proceedings and reply affidavit. (Para 6 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. ibc not for disputed debt recovery; appeal dismissed. (Para 17 , 18 , 19 , 20) |
J U D G M E N T
(Hybrid Mode)
Per: Barun Mitra, Member (Technical)
The present appeal, preferred under Section 61 of the Insolvency and Bankruptcy Code, 2016 (‘IBC’ in short), arises from the order dated 12.09.2025 (hereinafter referred to as the ‘Impugned Order’) passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench, Court-IV) in C.P. (IB) No. 599/ND/2023. By the said Impugned Order, the Adjudicating Authority dismissed the Section 9 application of IBC filed by the Appellant-Rashtriya Mill Mazdoor Sangh seeking initiation of the Corporate Insolvency Resolution Process (‘CIRP’ in short) against the Respondent/Corporate Debtor-National Textile Corporation Ltd. Aggrieved by the impugned order, the Appellant has preferred the present appeal.
2. Coming to the salient facts of
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