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TMI Blog2022 (2) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... t help the Corporate Debtor - As far as the loan taken by the applicant is concerned the applicant has already adjusted that amount from salary dues claimed in demand notice. The corporate debtor has failed to establish the fact that there is any pre-existing dispute between the parties. The Corporate debtor has also failed to prove that the salary dues are not payable to applicant or has already been paid off. It is clearly established that the default in payment of the operational debt has occurred by the corporate debtor - it can be concluded that the applicant has established its claim which is due and payable by the corporate debtor. The present application is admitted - Moratorium is declared. - IB No. 2697/ND/2019 - - - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o paid by Corporate Debtor since 01.04.2017. 5. Upon issuance of notice, Ld. Counsel for the respondent appeared and filed reply to the present petition raising the following objections against the admission of the present petition: a) It is alleged that there was deficiency in services by the applicant in terms of the employment contract executed between the parties. Apparently, the applicant has taken various leave without prior approval from the employer and this amounts to breach of employment terms. b) It is also stated that the claim of applicant is inaccurate as the applicant has not adjusted the loan taken by him and the same has not been repaid by him. c) It is therefore, argued that the claimed amount has no verac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e relieving certificate it is revealed that there was no dispute pending between the applicant and the Corporate Debtor. The Corporate Debtor has not placed any documents establishing the fact that the applicant has breached the terms of its employment agreement. Mere allegation without any supporting evidence would not help the Corporate Debtor. 9. As far as the loan taken by the applicant is concerned the applicant has already adjusted that amount from salary dues claimed in demand notice. The corporate debtor has failed to establish the fact that there is any pre-existing dispute between the parties. The Corporate debtor has also failed to prove that the salary dues are not payable to applicant or has already been paid off. 10. Con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant has established its claim which is due and payable by the corporate debtor. The present application is admitted. 13. The applicant has not proposed the name of an IRP, therefore, this bench appoints Mr. Akhil Ahuja, as the Insolvency Resolution Professional of the corporate debtor. The registration number of the IRP being IBBI/IPA-001/IP-P2072/2020-2021/13213 and email id [email protected]. IRP above named is appointed subject to the condition that no disciplinary proceedings are pending against him. The specific consent is required to be filed in Form 2 of Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rule, 2016 and disclosures be made as required under IBBI (insolvency Resolution Process ..... X X X X Extracts X X X X X X X X Extracts X X X X
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