Applications for claims post-liquidation are inadmissible under the Insolvency and Bankruptcy Code; remedies must be pursued timely.

ORDER

Deliver on: 30.01.2026

1. The Present interlocutory application has been filed by the applicant under Rule 11 of National Company Law Tribunal rules 2016 seeking appropriate directions in respect of the workers’ claim.

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 .

4. The Applicant’s case in brief:

i. The applicant has submitted that he is the representative of workers of Bercha Shajapur unit of M/s Dhanlaxmi Solvex Pvt. Ltd.

ii. It is submitted that the applicant came to know about the liquidation proceedings only upon publication of the auction sale notice dated 20.09.2020 issued by the Liquidator published in newspaper Dainik Bhaskar, it was contended that prior thereto, no information regarding liquidation proceedings was ever communicated to the applicant nor was any notice issued by the Liquidator to the Applicant.

iii. It is submitted that upon getting knowledge of liquidation the Applicant submitted the workers’ claims on 19.10.2020, annexed as (Annexure A- 2). It is further submitted that a statement of outstanding paid holidays was also submitted through counsel’s letter dated 29.01.2021, annexed as (Annexure A-3).

iv. It is submitted that the claims were initially taken on record by the Liquidator, and vide letter dated 04.02.2021 (Annexure A-4), the Liquidator called upon the Applicant to submit further documents in support of the claims. At that stage, no objection was raised by the Liquidator with respect to the claims. Pursuant thereto, the Applicant submitted the information and documents as directed by the Liquidator on 06.03.2021 (Annexure A-5).

v. It is further submitted that the claims so submitted pertain to the dues of the workers of the Bercha Shajapur Unit, stated to be 71 in number, and that the aggregate amount of the workers’ claims is ₹4,09,82,551/-, comprising dues for the period from September 2014 to March 2018 amounting to ₹2,86,23,285/-, and for the period from April 2018 to 27.02.2020 amounting to ₹1,23,59,266/-, as reflected in the statement of total workers’ claim placed on record.

vi. The Applicant submitted that a request was made to the Liquidator for providing an opportunity of representation and hearing during adjudication of the claims; however, no such opportunity was granted.

vii. It is further submitted that the Liquidator, through his office, contacted the Applicant’s counsel telephonically on 06.09.2021 and requested scanned copies of claims, which were submitted on 06.09.2021 and 07.09.2021.

viii. It is submitted that suddenly, vide letter dated 27.10.2021, the Liquidator held that the claims could not be considered on the grounds of delay in submission of claims and reliance upon documents alleged to have been provided by the Corporate Debtor. Upon receipt of the said letter dated 27.10.2021, the Applicant submitted a representation dated 13.11.2021 (Annexure A-6). It is submitted that no reply was received to the said representation and the claims continu