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NATIONAL COMPANY LAW TRIBUNAL
SHRI. VINAY GOEL, MEMBER (JUDICIAL), SMT. MADHU SINHA, MEMBER (TECHNICAL)
Shibu. T. C – Appellant
Versus
CA Jasin Jose – Respondent
| Table of Content |
|---|
| 1. appeal filed regarding employee claims against corporate debtor. (Para 1 , 26 , 27) |
| 2. continuity of employment despite corporate restructuring. (Para 7 , 8 , 30 , 31) |
| 3. corporate veil and employee rights under ibc. (Para 9 , 10 , 11 , 12 , 13 , 14 , 17 , 18 , 19 , 21 , 22) |
| 4. final decision maintains distinct legal identities. (Para 28 , 29 , 39 , 40) |
ORDER
Per Coram:
1. The present Appeal has been filed by Shibu. T.C, a former employee of SD Pharmacy being the authorized representative of the former employees of SD Pharmacy for himself and 25 others under Section 42 of the Insolvency and Bankruptcy Code, 2016 , seeking the reliefs to set aside the rejection of claims by the Liquidator communicated on 15.03.2025, and to direct the Liquidator to admit the claims of the Appellants as rightful dues payable under the liquidation estate of SD Pharmacy Private Limited and hold that the employment of the Appellant was continuous, and that the partnership firm and the company are in substance one and the same entity.
Brief Facts of the case are as follows:
2. The Appellants stated that they were originally employed by SD Pharmacy, a partnership firm. Subsequently, the manage
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