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NATIONAL COMPANY LAW TRIBUNAL

INDORE SPECIAL BENCH

ITEM No.12

IA/38(MP)2021

in

TP 33 of 2019 [CP(IB) 67 of 2018]

Order under Section 42 r.w 36 & 60(5) IBC

IN THE MATTER OF:

Shreedhar Sharma ........Applicant

V/s

Rajesh Jhunjhunwala Liquidator of Siddharth ........Respondent

Tubes Ltd

Coram:

Mohan P. Tiwari, Hon’ble Member(J)

Sanjeev Sharma, Hon’ble Member(T)

PRONOUCMENT ORDER

Delivered on 30/01/2026

The case is fixed for pronouncement of the order. The order is

vide

pronounced in open Court separate sheet.

Sd/- Sd/-

SANJEEV SHARMA MOHAN P. TIWARI

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Neeraj

NCLT INDORE BENCH

IA NO.38 OF 2021

In

TP 33 OF 2019[CP(IB) 67 OF 2018]

IN THE NATIONAL COMPANY LAW TRIBUNAL

INDORE BENCH

IA/38(MP)2021

in

TP 33 of 2019 [CP(IB) 67 of 2018]

In the matter of:

Shreedhar Sharma

S/o- Shri Late Ramdas Sharma,

Flat No. 101, Ekmi Ekansh, 792,

Usha Nagar Extension,

Indore (M.Р.) – 452009. …..........Applicant

V/s

Rajesh Jhunjhunwala

Liquidator of Siddharth Tubes Ltd,

A-51, Aashit Apartment,

H.B. Gawde Marg,

Juhu, Mumbai-400049. ………..Respondent

C O R A M:

HON’BLE SH. Mohan P. Tiwari, MEMBER (J)

HON’BLE SH. Sanjeev Sharma, MEMBER (T)

Order Pronounced on 30.01.2026

Appearance:

For the Applicant: Mr. Harsh Bansode, Adv. a.w.

Mr. Palash Vijayvargiya, Adv.

For the Liquidator: Mr. Rajesh Jhunjhunwala, (Liquidator-in-Person)

For the Respondent: Mr. Arjun Sheth, Adv. a.w.

Mr. Rajiv Chawla

Page 2 of 14

NCLT INDORE BENCH

IA NO.38 OF 2021

In

TP 33 OF 2019[CP(IB) 67 OF 2018]

ORDER

1. The present application has been filed by the Applicant, an ex-employee of

the Corporate Debtor, under Sections 42, 36 and 60(5) of the Insolvency

and Bankruptcy Code, 2016 against the rejection of his gratuity claim by

the Liquidator and seeking admission of the said claim.

Facts of the Case

2. The applicant was employed with the corporate debtor from 16.10.1994 to

1.10.2014, corporate debtor has failed to make the payment of gratuity to

the Appellant upon his retirement. Aggrieved from which the Applicant has

approached the Controlling Authority under the provisions of Payment of

Gratuity Act, 1972.

3. It is stated that the Controlling Authority, Indore Division, by order dated

26.12.2017, passed under the Payment of Gratuity Act, 1972, determined

gratuity payable to the Applicant and directed the Corporate Debtor to pay

of Rs. 8,39,887/- along with interest @ 10% per annum after the expiry of

thirty days from the date of their order dated 26th December, 2017. The

said order is placed on record as Annexure-A/1

4. The Corporate Debtor, Siddharth Tubes Limited, was admitted into

Corporate Insolvency Resolution Process and, was ordered to be liquidated

by this Tribunal vide order dated 24.06.2020, Thereafter, during

liquidation, the Respondent issued a public announcement on 26.06.2020

Page 3 of 14

NCLT INDORE BENCH

IA NO.38 OF 2021

In

TP 33 OF 2019[CP(IB) 67 OF 2018]

calling upon stakeholders to submit their claims. The applicant has

submitted his claim of Gratuity before the Respondent for which the

provisions of the same has been made in the Books of Accounts of the

Corporate Debtor. A Copy of proof of claim filed by the Applicant is

annexed as Annexure-A/2

5. It is submitted that the Respondent filed the List of Stakeholders under

Regulation 31 of the IBBI (Liquidation Process) Regulations, 2016 on

31.08.2020, The Applicant’s claim was not admitted therein, which is

placed on record as Annexure-A/3.

6. It is further submitted that even after communicating the order dated 26th

December, 2017 passed by the Controlling Authority and Assistant Labour

Commissioner, Indore Division to the Respondent and various emails were

exchanged between the Appellant and the Respondent, the Respondent has

failed to admit the claim of gratuity of the Appellant.

7. Subsequently, in purported compliance of Section 8 of the Payment of

Gratuity Act, 1972, the Controlling Authority and Assistant Labour

Commissioner, Indore Division, issued a Recovery Certificate dated

11.12.2020 for recovery of gratuity amounting to ₹8,39,887/- a