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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