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TMI Blog2018 (10) TMI 1683X X X X Extracts X X X X X X X X Extracts X X X X ..... test position of the availability of the Funds so that a plan can be chalked out for the allocation of Funds. The ld. Resolution Professional shall place on record the list of the Employees with their Designation, monthly Salary and the date up to which the Salary has already been disbursed. On the basis of these details, future plan of action shall be laid down. Application disposed off. - M.A. NO. 1075 of 2018 And CP (IB) NO. 298 (MB)/2018 - - - Dated:- 16-10-2018 - MR M. K. SHRAWAT, MEMBER (JUDICIAL) ORDER 1. This Miscellaneous Application is submitted on 25.09.2018 by and on behalf of the Employees of the Corporate Debtor. In this Application it is stated that the Association of the E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Jio. The customers were allowed to leave Aircel and through a unique port-out Code conveniently joined other service providers. 4. A serious allegation is that while the process of opting out was going on, on 28.02.2018, to utter surprise, the Debtor Company had moved an Application u/s.10 of The Code to declare itself Insolvent to commence CIRP. Vide an Order dated 12.03.2018 Section 10 Application was Admitted by appointing IRP. As a consequence, Moratorium u/s.14 of The Code has also been pronounced in the said Order. 5. The Employees' Association (Applicant) are in dark about the Insolvency Proceedings although a big stakeholder. It is pleaded that u/s.20 of The Code it is an imperative obligati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s expressed that due to non-availability of Funds payments could not be made. Further, my attention was drawn on a meeting held on 17.04.2018 wherein employees of Aircel have participated and it was communicated that Salary up to February, 2018 was paid by deducting TDS and PF which was deposited within time with the respective Authorities. There was an anxiety and fear expressed about the Gratuity amount of the Employees working with the Company for number of years. In a meeting held on 24.04.2018 it was communicated that the Resolution Professional is conscious about the claim of the Employees and the Employees shall continue to be Employees of the Company and their Salary shall accrue in the accounts to be paid individually on the basis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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