Tribunals and CommissionsDivision Bench(2019) 11 NCLT CK 0011

Sahil Garg & Ors. vs Wave Global Educational Service Pvt. Ltd.

National Company Law Appellate Tribunal · Decided on 18 November 2019

HON’BLE JUDGES
Dr. Deepti Mukesh, J · Hemant Kumar Sarangi, Member (Technical)
RESULT
Allowed
CASE NUMBER
Company Petition No. IB-946/ND Of 2019

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Judgment

28 paragraphs · 328 words

Sl. No.,Name,"Date of

Joining",Salary,"Outstanding

Salary as

On Date

1,Mr. Sahil Garg,05.08.2018,"Rs 60,000/-

PM","Rs 1,85,225/-

2,Mr. Debpratim Maji,10.08.2018,"Rs 50,000/-

PM","Rs 1,53,548/-

3,"Mr. Yogendra Singh

Yadav",05.08.2018,"Not

mentioned","Rs 1,54,355/-

4,"Mr. Shailendra Kumar

Gaur",05.08.2018,"Not

mentioned","1,54,355/-

Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rule, 2016 in relation to specifically the Respondent and the",,,,

Operational Creditor herein and make disclosures as required under IBBI (insolvency Resolution Process for Corporate Persons) Regulations, 2016",,,,

within a period of one week from the date of this order.,,,,

17.

We direct the Operational Creditors to deposit a sum of Rs. 2 lacs with the Interim Resolution Professional, namely Mr. Radhey Shyam Yadav to",,,,

meet out the expense to perform the functions assigned to him in accordance with regulation 6 of Insolvency and Bankruptcy Board of India,,,,

(Insolvency Resolution Process for Corporate Person) Regulations, 2016. The needful shall be done within one week from the date of receipt of this",,,,

order by the Operational Creditor. The amount however be subject to adjustment by the Committee of Creditors, as accounted for by Interim",,,,

Resolution Professional, and shall be paid back to the Operational Creditor.",,,,

18.

As a consequence of the application being admitted in terms of Section 9(5) of IBC, 2016, moratorium as envisaged under the provisions of",,,,

Section 14(1), shall follow in relation to the Corporate debtor, prohibiting as per proviso (a) to (d) of the Code. However, during the pendency of the",,,,

moratorium period, terms of Section 14(2) to 14(4) of the Code shall come in force.",,,,

19.

A copy of the order shall be communicated to the Applicant, Corporate Debtor and IRP above named, by the Registry. In addition, a copy of the",,,,

order shall also be forwarded to IBBI for its records. Applicant is also directed to provide a copy of the complete paper book to the IRP. A copy of,,,,

this order be also sent to the ROC for updating the Master Data. ROC shall send compliance report to the Registrar, NCLT.",,,,