Supreme Court · 2022 INSC 438 · Decided 19 April 2022
Sunil Kumar Jain and Others v. Sundaresh Bhatt and Others
- Court
- Supreme Court of India
- Citation
- 2022 INSC 438 · [2022] 17 S.C.R. 318
- Case number
- CIVIL APPEAL No. 5910/2019
- Decided
- 19 April 2022
- Bench
- M.R. SHAH, ANIRUDDHA BOSE (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 59, 326, 327; IBC Section 5(13), 36(4), 53(1)(b), 3(36), 53, 20, 53(1)(a)
Headnote
Insolvency and Bankruptcy Code, 2016 - ss.5(13), 36(4), 53(1)(b) & (c) - Claim of the appellants-workmen/employees of Corporate Debtor, working at Dahej Yard and Mumbai, relating to wages/salary for the period involving Corporate Insolvency Resolution Process (CIRP) and payable to the respective workmen/employees towards Pension Fund, Gratuity Fund and Provident Fund - Held: On a fair reading of s.5(13) of the IB code which defines "insolvency resolution process costs", the dues towards the wages/salaries of only those workmen/employees who
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