9911796707
TMI Blog2021 (8) TMI 856X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Creditor and the Corporate Debtor were in loggerheads since 2017 with regard to the reduction of salary of Operational Creditor which itself a pre-existing dispute and accordingly the issue goes against the Operational Creditor. Admittedly, the amount claimed by the Operational Creditor in the Company Petition is towards arrears of difference salary. This Tribunal is of the considered opinion that the claim does not qualify within the definition of Operational Debt and this issue also goes against the Operational Creditor. Petition dismissed. - C. P. No. 2492/IBC/MB/2019 - - - Dated:- 10-8-2021 - Hon ble Shri H.V. Subba Rao, Member (Judicial) And Hon ble Shri Chandra Bhan Singh, Member (Technical) For the Applicant: Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to execute projects during his full service to the Corporate Debtor. ii. Without any written communication to the Operational Creditor of whatsoever nature, the Corporate Debtor commenced paying reduced Gross monthly salary to the Operational Creditor from ₹ 2,00,000/- to ₹ 1,00,000/- beginning from August, 2017 and the same continued till the date of his superannuation, viz. 30.03.2019. The reason stated by Corporate Debtor orally in August, 2017 for such reduction was that there was financial crisis in the Company and the outstanding salary would be made in due course of time when the situation improves. In complete trust and faith on account of having already worked with the Corporate Debtor for 7 years by then, the Applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minder vide emails dated 29.04.2019, 03.05.2019, 07.05.2019 10.05.2019. Therefore, in total 7 reminders were issued to Corporate Debtor for settlement of his dues, but to no avail. vi. On receiving no response even after sending various reminders as stated above, the Operational Creditor was constrained to issue a Demand Notice under Section 8 of Code, 2016 dated 20.05.2019 demanding payment in respect of unpaid operational debt. Due to clerical errors as regards computation of the amount, the Operational Creditor issued a Supplementary Demand Notice dated 12.06.2019 that correctly stated the calculation of unpaid operational debt commencing from August, 2017 until March, 2019 for a total amount of ₹ 23,00,000/- (₹ 20,00,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Thus, there is contemporaneous material on record to support the case of Corporate Debtor that the salary of the Operational Creditor was reduced. The Operational Creditor never raised any objections in this regard. Hence, it is evident that the Operational Creditor accepted the reduction of salary without any protest. The present claim for the differential amount of reduced salary is liable to be rejected. vi. The aforesaid facts shows that there is a pre-existing dispute between the parties herein. The fact of reduction of money is not disputed. The cause for the reduction i.e. whether it was on account of Corporate Debtor s financial constraints or because of lack of performance of the Operational Creditor is the dispute that ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r arrears of salary is maintainable? 3. Before examining the first issue, it is important to mention here that the Operational Creditor s gross salary was reduced by the Corporate Debtor from 2 lakhs to 1 lakh with effect from August 2017 and the said reduction continued till the Operational Creditor attained the age of superannuation on 30.03.2019. The above Company Petition was filed on 29.06.2019. It is an admitted case of the Operational Creditor that in August 2017, he was orally informed that his salary was reduced due to the Financial ill health of the Company. It is also an admitted fact from record that in August 2017, the Operational Creditor was called upon by the management of Corporate Debtor and was informed about his under ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
