Supreme Court · 2019 INSC 595 · Decided 30 April 2019

J K Jute Mill Mazdoor Morcha v. Juggilal Kamlapat Jute Mills Company LTD. Through Its Director

Court
Supreme Court of India
Citation
2019 INSC 595 · [2019] 7 S.C.R. 1048
Case number
CIVIL APPEAL No. 20978/2017
Decided
30 April 2019
Bench
R.F. NARIMAN, VINEET SARAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Companies Act; IBC Section 3(23), 5(20), 3(23)(g)

Headnote

Insolvency and Bankruptcy Code, 2016- ss.3(23), 5(20),(21) and 8- A trade union, whether an operational creditor for the purpose of the 2016 Code - Respondent-Jute mill was being closed and reopened several times until it in 2014 - Proceedings pending under the 1985 Act, the appellant-trade union issued demand notice on behalf of around 3000 workers, u/s.8 of the Code, for their outstanding dues - Replied by the respondent - National Company Law Tribunal (NCLT) dismissed the petition holding that

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