VidhiSangh

Supreme Court of India · 03/03/2021

N. SUBRAMANIAN versus M/S ARUNA HOTELS LTD. & ANR.

[2021] 2 S.C.R. 545 · 2021 INSC 144

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Summary

The Supreme Court restored admission of an employee’s operational-debt insolvency application against the hotel company. The Managing Director’s acknowledgment of salary arrears was within three years before filing, and at least the arrears falling within three years before that acknowledgment were within limitation. The provident-fund communication did not establish settlement of salary arrears. The acknowledgment also defeated the asserted dispute on these facts; remand was refused.

Issues

  1. Whether limitation or an asserted dispute defeated admission of the employee’s operational-debt application.

Provisions considered

Held

Result

Employee’s appeal allowed; NCLAT order set aside and NCLT admission restored. Permission to file the three companion appeals rejected.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 545.