NATIONAL COMPANY LAW TRIBUNAL COURT NO. 1 ITEM No.208 IA/208(MP)2023 TP 246 of 2019 [CP(IB) 515 of 2018]

Order under Section 60(5) IBC r.w Rule 11 IN THE MATTER OF:

Prakash Joshi S/o Late Shivlal Joshi ........Applicant V/s Shikarchand Jain, Liquidator of M/s Dhanlaxmi Solvex Pvt Ltd ........Respondent Coram:

Hon’ble Shri Brajendra Mani Tripathi, Member (J)

Hon’ble Shri Man Mohan Gupta Member (T)

ORDER

Delivered on 13/01/2026 The case is fixed for pronouncement of the order. The order is pronounced in open Court vide separate sheet.

Sd/- Sd/-

MAN MOHAN GUPTA BRAJENDRA MANI TRIPATHI MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Neeraj

ORDER DATED: 13.01.2026 IN THE NATIONAL COMPANY LAW TRIBUNAL INDORE (An application under 60(5) of the Insolvency and Bankruptcy Code 2016, read with Rule 11 of National Company Law Tribunal rules,2016)

IN THE MATTER OF Prakash Joshi S/o of Late Shivlal Joshi Address: 126, Mahupura, Shajapur Madhya Pradesh 465001 ……Applicant Versus.

Shri Shikhar Chand Jain (C.A) Liquidator of M/s Dhan Laxmi Solvex private Limited Address: ADB&Company, chartered Accountant First floor, Mahaveer Gaushala complex, Modhapara Raipur, Chhattisgarh-492001 ……. Respondent CORAM:

Shri, Brajendra Mani Tripathi, HON’BLE MEMBER (J)

Shri, Man Mohan Gupta, HON’BLE MEMBER (T)

APPEARANCE:

For the Applicant: Mr. Dheeraj Singh Panwar, Adv. a.w.

Mr. Mayank Sharma, Adv.

For the Respondent: Ms Aakansha Nehra, Adv. a.w.

Mr. Shubham Jaiswal Adv.

ORDER DATED: 13.01.2026

ORDER

Deliver on: 13.01.2026

1. The Present interlocutory application has been filed by the applicant under section

60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the National Company Law Tribunal Rules,2016 seeking directions regarding the classification and treatment of his claim by the Liquidator/Respondent in the Liquidation Process of the Corporate Debtor.

Brief Facts of the case:

2. The brief facts are that the Corporate debtor was admitted into the corporate Insolvency Resolution Process(CIRP) by this tribunal vide order dated 02.04.2019 and Subsequently, Liquidation was ordered vide 27.02.2020, and the Respondent was appointed as Liquidator.

3. Pursuant to the admission of the Corporate Debtor into CIRP, a public announcement inviting claims was issued on 06.04.2019, by IRP thereafter upon passing of the Liquidation order dated 27.02.2020, a public Announcement in Liquidation inviting claims was issued by the Liquidator on 07.05.2020, in accordance with the provision of the Insolvency and Bankruptcy Code.

The Applicant’s case in brief:

4. The applicant has submitted that he was engaged as a worker with the Corporate Debtor at its Shajapur plant. It is stated that the disputes related to non-payment ORDER DATED: 13.01.2026 of wages and other services were due before the Labour court, Ujjain, which culminated in an order dated 23.07.2018 (Annexure A-5) and a Recovery Certificate was issued by the labour court for recovery of an amount of Rs.12,05,270/-(Annexure A-6).

5. The Applicant states that he became aware of the liquidation proceedings of the Corporate Debtor upon publication of an auction sale notice dated 20.09.2020 in the newspaper Dainik Bhaskar. Copy of the said sale notice is annexed as (Annexure A-2). It is stated that thereafter the Applicant approached the Liquidator and submitted his claim on 20.10.2020, along with supporting documents including the Labour Court order and recovery certificate. (Annexure A-3)

6. The Applicant further states that the Liquidator initially directed him to submit the claim in the prescribed format and that the Applicant submitted documents in support of his claim, including proof of claim, the Labour Court order dated

23.07.2018 and the Recovery Certificate dated 22.02.2019.

7. It is further pleaded that despite such submissions, no opportunity of representation or hearing was granted, though scanned copies were sought telephonically and duly provided. It is stated that the Applicant was never informed that his claim was being treated as