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2024 Supreme(Online)(NCLT) 5521

NATIONAL COMPANY LAW TRIBUNAL
SHRI CHARANJEET SINGH GULATI, T, SMT LAKSHMI GURUNG, J
Association of Engineering Workers – Appellant
Versus
Jayesh Natvarlal Sanghrajka, RP of Nirmal Lifestyle Realty Private Limited – Respondent


Advocates:
For the Appellants/Petitioners: Adv. Jane Cox, Adv. Jignasha
For the Respondents: Adv. Shyam Kapadia, Shikha Ginodia, Gaurav Suryavanshi, Adv. Zal Andhyarujina, Adv. Aditya Shiralker, Adv. Akansha Agarwal

ORDER

Per- Charanjeet Singh Gulati, Member Technical

1. The present application has been filed by Association of Engineering Workers, (“Applicant”), under Section 60 (5) of the Insolvency & Bankruptcy Code, 2016 (“IBC, 2016”) against the Resolution Professional (“Respondent no.1”) of M/s. Nirmal Lifestyle Realty Private Limited (“Corporate Debtor”) and others, seeking following reliefs: -

a. Declare and hold that the rejection by the Respondent No. 1 (Resolution Professional) of the claim lodged by the Applicant to the extent of Rs. 36,04,97,293/- is illegal and direct the Respondent No. 1 to admit the said amount towards the workmen’s dues;

b. Direct the Respondent No. 1 to provide the Applicant with those portions of the Resolution Plan submitted by the Respondent No. 2, as stated to have been approved in the meeting held by the Respondent No. 4 on 1 September 2022, which concern the payment of all the dues of the employees/workmen of the Corporate Debtor;

c. Direct the Respondent No. 2 to lodge, in a time-bound manner, an additional affidavit of proof of debt in respect of the Provident Fund dues (covering the employees and employer's contributions) of 442 workmen listed at Annexure

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