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TMI Blog2019 (8) TMI 389X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code - in short) against the Respondent Company claiming himself to be Operational Creditor and all the three Applications came to be rejected by the Adjudicating Authority (National Company Law Tribunal, Bengaluru Bench [A.A. - in short]) by different Orders, all three, dated 31st December, 2018 against which Orders, these Appeals have been filed. All these Appeals have been heard together and basically emanate from claims of debt relating to service of the Appellant and his claim of default regarding non-payment of allowances or salaries or deduction of the same, etc. 2. (i) Company Appeal (AT) (Ins) 155 of 2019 is arising out of CP (IB) No.57/BB/2018 & IA No.120/2018, (ii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in spite of the Demand Notice, the operational debt remained unpaid and thus, the Application under Section 9 was filed. The Appellant in Appeal has stated that he had tendered his resignation to the Respondent on 2nd February, 2016. However, the Respondent requested the Appellant to withdraw his resignation and continue in the employment and as consideration in exchange for Appellant withdrawing his resignation, Respondent offered Appellant an annual salary of 8 Million Japanese Yen and 6 months' investment tagging support for a project to be taken up at Hiroshima, Japan. On commitment from Respondent, Appellant withdrew his resignation on 04.04.2016 and relocated to Hiroshima, Japan on 09.04.016. The Respondent later called back th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... currency. Employees who travel abroad are eligible for full India salary after settlement of Foreign Travel Request (FTR). It is claimed that the Appellant returned from Japan on 05.10.2016 but settled the FTR only on 28.02.2017 although he was supposed to settle FTR within 15 days. Thereafter, Respondent paid the amounts due with March, 2017 payroll. With reference to CA 155/2019, the defence mentioned that the deductions from every month - 6th October to February, 2017 was in accordance with law. As per the policy of Respondent, on-site assignees have to settle the car lease before leaving India, failing which the car EMI shall be recovered and paid to the vendor. In the instant case, the Appellant did not settle the car lease payment be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. In CA 157/2019, the Respondent put up the defence that the Appellant, who had gone on deputation to Japan, failed to fulfil demands and obligation of the business generation and consequently, he was asked to return back to India from the current assignment vide e-mail dated 01.08.2016 (Page - 169 of the Paper Book of said Appeal No.157/2019), on account of being identified as critically non-billed resources and the Appellant was placed on loss of pay leave for a period of 30 days from 05.09.2016 to 04.10.2016. According to Respondent, Appellant did not return as directed but came back later. The Appellant returned to India but did not report at Bangalore and failed to settle FTR as per Clause 14 of the deputation letter. The FTR was cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rges against the Appellant that he had filled efforts in time management system without swiping in and out on 77 instances (as mentioned) and that the Respondent noticed that only on 3 instances, Appellant had swiped in and out for the duration October, 2016 till date. The Notice mentioned that the Appellant was absent since 10th April, 2017 without prior leave approval/e-mail confirmation. The Respondent also relied on Notice dated 18th April, 2017 (Page - 144 of the concerned Paper Book). 8. We have heard the Appellant in person and the learned Counsel for the Respondent. Both of them have also filed brief written submissions in support of the respective Appeals. In the three matters, the Section 8 Notice first in time is in Company Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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