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2019 (12) TMI 564

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..... uly, 2018, for the same amount as claimed and prayed for before the Tribunal in a Petition u/s. 241,242, which has already been disputed by the 'Corporate Debtor'. Though the Adjudicating Authority ('National Company Law Tribunal') Principal Bench has noticed that the petition u/ss. 241, 242 and 244 of the Companies Act, 2013, with prayer for payment of salary is pending before the 'National Company Law Tribunal' and the 'Corporate Debtor' in the said case disputed the entitlement of 1st Respondent to get salary of the said period, the Adjudicating Authority has admitted the application u/s. 9 - as there is a pre-existence of dispute with regard to salary payable to the 1st Respondent and matter is pending .....

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..... pearing on behalf of Appellant submitted that there was pre-existing dispute, therefore, the application u/s. 9 of the 'I B' Code was not maintainable. 3. On the other hand, according to the learned counsel for the 1st Respondent, there was no pre-existing dispute. 4. Learned Counsel for the Appellant placed reliance on Company Petition No. 96/241-242/(PB) of 2018 preferred by 1st Respondent ('Dr. Amit Sachdeva') u/ss. 241, 242 and 244 of the Companies Act, 2013, alleging certain acts of 'oppression and mismanagement' against the Respondent Nos. 2 to 7 of the said petition including the 'Corporate Debtor'. The said Company petition is pending for consideration before the 'National Compan .....

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..... and the business of the Respondent No. 1 Company which the Petitioner has the right to participate in by virtue of him being a Shareholder, CEO and Managing Director of the Respondent No. 1 Company including but not limited to full access to the Petitioner's emails, operational emails, right to access records and data and all other rights being exercised by Respondent Nos. 2 to 7 by virtue of them being Directors of the Respondent No. 1; (vii) Restrain the Respondent Nos. 2 to 7 from taking any action or continuing to take any action which is in disobedience of the order dated 22 March, 2018, passed by this Hon'ble Tribunal; (viii) Pass such other appropriate orders against the Respondent Nos. 2 to 7 as this Hon&# .....

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..... this Hon'ble Tribunal and cause damage and losses to the Respondents. It is denied that the Applicant vide email, dated 24th March, 2018, requested the Minutes of Board Meeting in view of his status as a Managing Director of Respondent No. 1 Company. It is on the other hand submitted that the Applicant had voluntarily resigned from his position as the CEO and Managing Director of the Company at the Board Meeting, dated 7th March, 2018, and the same was accepted and confirmed by Respondent No. 2-7 vide Board Meeting, dated 31st March, 2018. Therefore, owing to voluntarily resigning from his position as the Managing Director of the Respondent No. 1 Company, the Applicant ceases to be the Managing Director of the Respondent No.1 Company. .....

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..... prayer for payment of salary is pending before the 'National Company Law Tribunal' and the 'Corporate Debtor' in the said case disputed the entitlement of 1st Respondent to get salary of the said period, the Adjudicating Authority has admitted the application u/s. 9. 10. From the facts as detailed above, as we find that there is a pre-existence of dispute with regard to salary payable to the 1st Respondent and matter is pending for decision before the 'National Company Law Tribunal', New Delhi prior to issuance of Demand Notice u/s. 8(1), we hold that the application u/s. 9 of the 'I B' Code filed by the 1st Respondent was not maintainable. 11. Learned Counsel appearing on behalf of the 1st .....

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