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TMI Blog2019 (12) TMI 564X X X X Extracts X X X X X X X X Extracts X X X X ..... ntal Pvt. Ltd. ('Corporate Debtor') which has been admitted by the Adjudicating Authority ('National Company Law Tribunal') Principal Bench, New Delhi by impugned order dated 3rd July, 2019. 2. Learned Counsel appearing 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 'oppre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ropriate orders directing the Respondents to include the Petitioner in all or any activities/actions with regard to the management and conduct of the affairs 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, the Applicant has filed the present Application with a mala fide intent to delay and deviate the proceedings before 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 Di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch 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. 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rim Resolution Professional' and the cost incurred by him and the 'Corporate Debtor' will pay the fees and costs within the period as maybe fixed by the Adjudicating Authority.
15. One Mr. Nikhil orally sought permission to intervene without filing a petition and without any Valakalatnama on behalf of one 'Tabset Equity Holding Ltd.', that it is also a shareholder of the 'Corporate Debtor' as also a 'Financial Creditor', but we are not inclined to make any observation in this appeal as we hold that the application u/s. 9 of the 'I&B' code was not maintainable in view of pre-existing dispute.
The appeal is allowed with aforesaid observations and directions. X X X X Extracts X X X X X X X X Extracts X X X X
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