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THE NATIONAL COMPANY LAW TRIBUNAL

CHANDIGARH BENCH, CHANDIGARH

(Exercising powers of Adjudicating Authority under

the Insolvency and Bankruptcy Code, 2016)

(through web-based video conferencing platform)

IA No. 300/2020, IA No. 586/20

IA No.942/2020,

In

CP (IB) No.174/Chd/Chd/2018

(admitted)

In the matter of:

Small Industries Development Bank of India (SIDBI)

.…Petitioner-Financial Creditor

Versus

International Mega Food Park Limited .…Respondent-Corporate Debtor

And in the matter of:-

IA No.300/2020

Under Section 60(5) of the IBC, 2016

Rakesh Sharma

registered office at

Flat No. 439, Trishla Plus Home Society,

Peer Muchalla, District Mohali, Punjab

…Applicant

Vs.

Mr. Sumat Gupta, Resolution Professional

of M/s International Mega Food Park Limited

Registered office at

C/O, 2581/3, B-1, Near Zoom Hotel Building

Industrial Area-A, Transport Nagar,

Ludhiana-141003

….Respondent

And in the matter of:-

IA No.586/2020

Under Section 60(5) of the IBC, 2016

Mr. Sumat Gupta, Resolution Professional

of M/s International Mega Food Park Limited

Registered office at

C/O, 2581/3, B-1, Near Zoom Hotel Building

Industrial Area-A, Transport Nagar,

Ludhiana-141003

…Applicant

Vs.

1. Mr. Sukhinder Singh, Suspended Director IMFPL

registered office at

House No. 3, Sector 5, Chandigarh-160001

2 Mr. Simarinder Singh, Suspended Director IMFPL,

IA No. 300/2020, IA No. 586/20 ,IA No.942/2020,

In

CP (IB) No.174/Chd/Chd/2018

(admitted)

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registered office at

House No. 3, Sector 5, Chandigarh-160001

….Respondents

And in the matter of:-

IA No.942/2020

Under Section 60(5) of the IBC, 2016

Mr. Sumat Gupta, Resolution Professional

of M/s International Mega Food Park Limited

Registered office at

C/O, 2581/3, B-1, Near Zoom Hotel Building

Industrial Area-A, Transport Nagar,

Ludhiana-141003

…Applicant

Vs

M/s. International Fresh Farm Products India Limited

Registered Office at

H No. 3, Sector 5, Chandigarh 160001

…Respondent

Order delivered on: 13.10.2022

Coram: HON’BLE MR. HARNAM SINGH THAKUR, MEMBER (JUDICIAL)

HON’BLE MR. SUBRATA KUMAR DASH, MEMBER (TECHNICAL)

Present through video-conferencing:

For the Applicant in

:Dr. Rajansh Thukral, Advocate

IA No.942/2020, 586/2020,

For Applicant in IA No.

300/2020

:Mr. Nitin Kant Setia, Advocate

For the Respondents

in

IA No. 942/2020, 586/2020

:Mr. Manuj Nagrath, Advocate

For the Respondents

in

IA No. 300/2021

:Dr. Rajansh Thukral, Advocate

Per: Subrata Kumar Dash, Member (Technical)

ORDER

IA No.300/2020

In the present application, the applicant is seeking direction against

Resolution Professional to release the amount due towards Gratuity, Leave

Encashment and salary during the CIRP of the corporate debtor as the same

does not form part of the liquidation estate of the corporate debtor. In the

IA No. 300/2020, IA No. 586/20 ,IA No.942/2020,

In

CP (IB) No.174/Chd/Chd/2018

(admitted)

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present matter, this Adjudicating Authority has admitted the petition i.e. CP (IB)

No.174/Chd/CHD/2018

and

initiated

Corporate

Insolvency

Resolution

Process(CIRP) in respect of the corporate debtor vide order dated 28.02.2019.

2)

The brief facts submitted by the applicant in the instant application are

as follows:

2.1

It is submitted that the applicant has worked in the

corporate debtor as AGM Accounts and Finance for 7 years. The

HR Department of the corporate debtor served the applicant a

notice for termination of services vide email dated 19.04.2019.

The applicant replied to the email of the respondent and requested

full and final clearance of pending dues viz. Gratuity, Leave

Encashment

and pending salary. Copy of emai