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TMI Blog2021 (11) TMI 1027X X X X Extracts X X X X X X X X Extracts X X X X ..... s ₹ 2, 13,000/- during the period from September, 2018 to January, 2019. Infact, the Corporate Debtor was seriously considering taking legal action for recovery of the amounts from the Operational Creditor - The counsel for Corporate Debtor would also contend that the Operational Creditor influenced other two Doctors and staff to leave the organisation and join a competitor which amounts to gross misconduct and poaching of staff and sharing crucial information of the Corporate Debtor with the competitors. Prima facie there is a breach of Employment Contract, she went outside without sanction of any leave or permission. Relying on the documents filed by both the parties, the petition deserves to be dismissed. The petition is dismissed. - CP (IB) No. 791/9/HDB/2019 - - - Dated:- 12-11-2021 - DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, HONBLE MEMBER JUDICIAL AND SH. VEERA BRAHMA RAO AREKAPUDI, HON BLE MEMBER TECHNICAL For the Petitioner : Ms. M.K.Sree Ramya, Mr. A. Naveen Kumar, Advocates For the Respondent: Mr. T.V.S.Kumar, Advocate ORDER The instant Petition is filed by Ms. A. Chandani/Operational Creditor alleging that M/s. Sreyas Holistic R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own statement. Form-3 Notice was sent on 22.07.2019 and the same was replied by the Corporate Debtor on 09.08.2019, which is shown at page 54 of the application. iv. It is averred that the Corporate Debtor had failed to prove that there exists a pre-existing dispute which is the main provision to be considered under Section 9 of the IBC. Hence, this petition. 3. The averments made in the Reply filed by the Corporate Debtor / Shreyas Holistic Remedies Pvt. Ltd. in brief are described hereunder: i. it is averred that the Corporate Debtor denies all the averments made by the Operational Creditor in the Company Petition as the same are vexatious and false and the application is liable to be dismissed with exemplary costs. ii. It is averred that there are no dues payable to the Operational Creditor and the Operational Creditor at Part IV under Sl.No. 1(1) is falsely claiming salary dues of ₹ 1,95,000/ - from September, 2018 to November, 2018 (3 months). It is averred that at page No.35 of the application, there is an explicit admission at line 4 that I was relieved from job on 08.10.2018 . The Operational Creditor also confirms further that after being relieved from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dhere to the highest principles of business ethics. Accordingly, you must avoid activities, which are in conflict, or give the appearance of being in conflict, with these principles and with the interests of the company. The following are potentially compromising situations, which must be avoided. Any exceptions must be reported to the Company and written approval for continuation in this regard must be obtained. The detailed guidelines are shown at page 14 15 of the application . viii. It is also averred that the appointment letter filed by the Operational Creditor at page 15 para 13 clause a explicitly states that the employment may be terminated without notice or payment in lieu of notice in the event of any breach of any terms of the contract . It is further averred that a perusal of the various emails and other correspondences filed by the Operational Creditor, it is very evident and has unequivocal admissions that the Operational Creditor is guilty of material breach of the conditions mentioned in the appointment letter. a. The Operational Creditor went on a vacation to Bali alongwith other staff of the Corporate Debtor in gross violation of instructions from her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed on behalf of the Applicant, Computation Sheet of Operational Debt and Affidavit of Ms. A. Chandani. 5. We have heard the Learned Counsel for Operational Creditor and Learned Counsel for Corporate Debtor. The Learned Counsel for Operational Creditor would contend that after attending an interview Ms. A. Chandani was offered the post of Assistant Clinic Manager vide Letter of Intent dated 14.08.20 14 with Date of Joining as 01.09.2014 with a salary of ₹ 30,000/- per month and with her sheer hard work, skill and expertise, she was steadily progressing and received consistent praises for her dedication towards work and constantly raised her pay for the same. Due to marital life problems, she had requested the company for a transfer from Hyderabad to Chennai which was granted by the company. Subsequently, to stay away from miserable life she wanted to go for a short vacation to keep herself intact in life. Therefore, she went to Bali and spent short vacation in Bali with doctors of corporate debtor company including Dr. Charanya, Dr. Charisma and Dr. Divya. However, after returning from Bali, the 2 persons being Doctors were not reported and the Operational Creditor war ..... X X X X Extracts X X X X X X X X Extracts X X X X
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