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TMI Blog2020 (2) TMI 1548X X X X Extracts X X X X X X X X Extracts X X X X ..... this ground alone the present Application deserves to be rejected out rightly with exemplary costs. The OC is not eligible for gratuity as per law. There is no document to prove that the CD is liable to make gratuity payment - application dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... he total outstanding as overdue salary amount is ₹ 2,56,662/- plus interest @18% P.A. from 14.02.2019 till the realisation of outstanding amount is ₹ 1,64,421/-. III. The CD in its reply to the Applications submits that: a. The present application U/S 9 of the Code has been authorized by Mr. S.V Rateria claiming to be the authorized person on behalf of the OC but the affidavit in support is not filed by the said counsel but on the contrary is submitted by the OC herself. b. The OC deliberately did not file the reply dated 22.02.2019 submitted by the CD raising disputes to the claim made by the OC through demand notice dated 14.02.2019 and in the said reply the claim was disputed and hence no proceeding under the Code can be i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner' father to pardon the Petitioner's behaviour, the CD as a good gesture did not take any steps. h. The Petitioner/OC has filed the present Petition with mala fide intentions by misleading and misrepresenting facts. The OC has deliberately suppressed the material facts before this Hon'ble Tribunal and is thus guilty of SupressioVeri Suggestion Falsi. That on this ground alone the present Application deserves to be rejected out rightly with exemplary costs. The reliance is place on the Para 14 of the Hon'ble Supreme court in the case of Ramjas Foundation v. Union of India, 2 MLJ 162 (SC) where it was held that: "14. The Principle that a person who does not come to the court with clean hands is not entitled to be he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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