9911796707
TMI Blog2022 (2) TMI 962X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent before filing the Application under Section 9 of IBC, 2016, therefore, the present application is not maintainable. Application dismissed, being not maintainable. X X X X Extracts X X X X X X X X Extracts X X X X ..... for the year 2018-19 and they were paid the 1st month salary alongwith reimbursements. The target was not achieved within 3 months and the company had faced a loss of ₹ 11 lakhs. iii. That the Respondent Company has terminated the services of the Applicant due to non-performance. Therefore, the claim of the applicant is not acceptable as the Applicant was under probation period. 4. That the Operational Creditor has filed written submissions and the scanned copy of which is reproduced hereunder: 1. That the instant application/petition has been filed by the Applicant/Petitioner under section 9 of the Insolvency and Bankruptcy Code, 2016 ("the Code") against M/s. iScholar Education Service Pvt. Ltd. ("Respondent/Corp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary, the Applicant/Petitioner was constrained to resign from the Corporate Debtor vide e-mail dated 03.11.2018, which was accepted by the Corporate Debtor vide e-mail dated 06.11.2018. Thereafter, vide e-mail dated 02.05.2019, 04.05.2019 and 06.05.2019, the Applicant/Petitioner repeatedly demanded his dues Salary (See Page No. 26-27). 6. That on insistence of the Corporate Debtor, the Petitioner/Applicant has also worked as Consultant for the Corporate Debtor during the month of February, 2019 and issued an invoice of ₹ 82,500/- dated 28.02.2019 (See Page No. 25). However, this invoice was also not paid by the Corporate Debtor. 7. That vide order dated 07.01.2020, the Corporate Debtor was proceeded ex-parte. However, it has filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .03.2018, Pay Slips from the month of April, 2018 to September, 2018 as well as Resignation Letter dated 03.11.2018. As per the calculation chart, at page 16 of the application, the Applicant has claimed that he has received the salary till August, 2018 and has not received the payment for the month of September, October and partly for November 2018 and as such, he has claimed that ₹ 2,66,001/- is due and payable towards salary. Apart from that, he has also claimed the commission, which he is entitled to receive as per the invoice raised in the month of February, 2019. The total amount of Commission is ₹ 69,915/- after adding the commission amount as per the averments made in Part-IV of the application, the defaulted amount is o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de No. 110077 and not with respect to the Pin Code No. 110055, therefore, we are of the considered view that the Demand Notice was not delivered on the registered address of the Respondent. Even the tracking report shows that it was though dispatched but not delivered. We further notice that though the applicant has placed on record the postal receipt that some document was dispatched on 21/05/2019 but the tracking report of that post is not produced by the applicant. Therefore, in the absence of that, it cannot be presumed that demand notice was delivered on 21/05/2019, as averred in the application. 9. In view of the aforesaid facts, we are of the considered view that as per Section 8(1) of IBC, 2016, the Applicant is required to deliver ..... X X X X Extracts X X X X X X X X Extracts X X X X
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