IN THE NATIONAL COMPANY LAW TRIBUNAL

MUMBAI BENCH-IV

CP (IB) No.1223/MB-IV/2021

Under Section 9 of the I&B Code, 2016

In the matter of:

Anindya Chatterjee

…Financial Creditor/Applicant

V/s

Rolta Bi & Big Data Analytics Private

Limited

[CIN: U29253MH2014PTC255827]

...Corporate Debtor/Respondent

Order Dated: 03.02.2023

Coram:

Mr. Prabhat Kumar

Mr. Kishore Vemulapalli

Hon’ble Member (Technical)

Hon’ble Member (Judicial)

Appearances (via videoconferencing):

For the Petitioner(s) :

Ms. Udayasankar Samudrala a/w

Mr.

Rajdeep

Samuralla,

Advocates.

For the Respondent(s)

:

Mr. Shivam Bhagawat, Advocate.

ORDER

Per: Prabhat Kumar, Member (Technical)

1.

This is an application bearing C.P. (IB) No. 1223/MB/C-IV/2021 filed

by Anindya Chatterjee, the Financial Creditor/Applicant, under

section 9 of Insolvency & Bankruptcy Code, 2016 (I&B Code) seeking

IN THE NATIONAL COMPANY LAW TRIBUNALMUMBAI BENCH-IV

CP (IB) No. 1223/MB-IV/2021

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Page 2 of 4

initiation of Corporate Insolvency Resolution Process (CIRP) against

Rolta Bi & Big Data Analytics Private Limited, Corporate Debtor.

2.

The Operational Creditor is an individual working as Vice President of

the Corporate Debtor till 23.01.2019. The Application is filed by

Operational

Creditor

claiming

total

outstanding

amount¹

of

Rs.1,35,77,000/- (Rupees one crore thirty-five lakh seventy-seven

thousand only), of which Rs.91,74,262/- is the Principal amount and

Rs.44,03,738/- is the Interest amount calculated for the period from

19.02.2019 to 27.09.2021 @ rate of 18% p.a. in terms of letter dated

14.12.2018 issued by the Corporate Debtor.

3.

The Corporate Debtor had promised vide letter dated 14.12.2018 to pay

overdue salary together with interest along with January 2019 salary.

The Corporate Debtor failed to pay this amount. The Operational

Creditor has stated the Date of Default as 23.01.2021 in Part -IV,

however, the Date of Default would fall on the date when the salary for

January 2019 falls due. The Petition is filed on 28.11.2021, hence this

Petition is filed within the period of three years from the Date of

Default.

4.

The Operational Creditor served as Employee of the Corporate Debtor

till 23.01.2019 and has claimed that he was entitled to payment of

salary, allowances, leave encashments, gratuity, performance linked

incentives, re-imbursement claims, and tax withheld by the Corporate

Debtor but not deposited with the Government.

5.

The Operational Creditor has issued Demand Notice in Form 3 dated

27.09.2021 for a sum of Rs.1,35,77,000/- (Rupees one crore thirty-five

1 P.4 of the Petition

IN THE NATIONAL COMPANY LAW TRIBUNALMUMBAI BENCH-IV

CP (IB) No. 1223/MB-IV/2021

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Page 3 of 4

lakh seventy-seven thousand only) stating the default date as

23.01.2021.

6.

The Corporate Debtor has filed its written submission in the matter and

has opposed this Application on the ground of maintainability raising

issue of threshold limit, defective notice, all the amounts not falling

under Operational Debt and non-submission of proof of default.

Findings:

7.

We have heard the arguments of the Learned Counsel for Operational

Creditor.

8.

After perusal of the material on record, this Bench is of considered view

that the Operational Creditor has provided employment services and

this fact has not been disputed by the Corporate Debtor also. This

Bench finds no merit in the contentions of the Corporate Debtor that

proof of default has not been submitted and the Demand Notice is

defective as letter dated 14.12.2018 issued by the Corporate Debtor to

all the Employees makes it clear that the Employees were not paid

salary for couple of months and the Corporate Debtor has not furnished