Flacon Tyres Ltd vs Belthangady Taluk Rubber ...

Flacon Tyres Ltd. ...Appellant

Versus

Belthangady Taluk Rubber GrowersMarketing & Processing Co-op. Society Ltd. & Anr. ...Respondents

Present:

For Appellant : Shri Ashok K. Jain, Advocate

ORDER

09.10.2017 This appeal has been preferred by the appellant against the

order dated 30th August, 2017 passed by the Adjudicating Authority (National

Company Law Tribunal), Bengaluru Bench in Case No. I.A. No. 102/17 in CP

(IB) No. 01/BB/17. The main plea taken is that an association of workmen have

been impleaded in the case under Section 9 of the Insolvency and Bankruptcy

Code, 2016 (for short 'I&B Code'), which is not permissible.

Having regard to the fact that after the impugned order being passed, the

Adjudicating Authority has already admitted the application under Section 9, as

informed by the learned counsel for the appellant, we are not inclined to interfere

with the impugned order. However, we are of the view that after admission of

the application for initiation of Corporate Insolvency Resolution, against the

appellant, the association of workmen have no role to play except their members,

individually may file claim, the Insolvency Resolution Professional, who is

required to proceed in accordance with the provisions of I & B Code. -2-

The appeal stands disposed of with the aforesaid observations. However,

this order will not come in the way of the aggrieved person to challenge the order

of admission of the application under Section 9 of the I & B Code. No costs.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice A.I.S. Cheema ] [ Balvinder Singh ] Member (Judicial) Member (Technical)

/ns/