TaxTMI 
TaxTMI 
2018 (11) TMI 1103
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....il Jagadeesan, Shruti Iyer and Ms. Suriti Chowdhary, Advocates JUDGMENT SUDHANSU JYOTI MUKHOPADHAYA, J. his appeal has been preferred by 'M/s. Subasri Realty Private Limited'., Shareholder of 'M/s. Aruna Hotels Limited'- ('Corporate Debtor') against the order dated 17th November, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Division Bench, Chennai, whereby and whereunder the application preferred by the Respondent- Mr. N. Subramanian- ('Operational Creditor') under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "I&B Code') has been admitted, order of 'Moratorium' has been passed and 'Interim Resolution Professional' ....
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.... RPAd/ 5th July 2017 To, Mr. N Subramanlan, No 4/33, Officers colony 1st Street, Plat no 6 Corner Enclave, Rajaram Metha Nagar, Aminjikarni, Chennai-600 029 Sir, Ref: Notice dated 29.06.2017-Reg It is true that you have worked in M/s. Aruna Hotels Limited and retired on 30.06.2013 as Assistant manager. Our records shows that all your salary has been paid then and there without any arrears and our record shows that there is balance of gratuity to a sum of Rs. 5.85,577/- as per the approval dated 06.02.2013 by Erstwhile Managing Director. As per the Erstwhile managing director approved dated 04/02/2013 you received increment salary from....
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....Only) as on 31 3.2014 but whereas your arrears of salary of Rs. 1,87,75,631 docs not reflect in that Annual Report. And there by it is very clear that the letters relied on by you dated 30.09.2006, 22.1.2013,30.06.2013,31.03.2014 and 30.032014 issued by Mr. M. Sivaram is not authenticated and the same does not establish liability. For ARUNA HOTELS LTCL Director No. 144 145. Sterling Road Nungambakkam. Chennai- 600 034. Ph: 044-3988 4422, Fax: 044-3041 4999. Email: [email protected]. ARUNA HOTELS LIMITED CIN LI5421TN1960PLC004255 Inspite of it, we are inclined to consider your request if you can provide the following details, (a) Your Bank Statement for the years 1.4.1999 to 3....
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.....06.2013, through your letter dated 30.09.2014 was not found in our records. Therefore, as per the approval dated 06.02.2013 by Erstwhile Managing Director you arc entitled to receive only Rs. 5,85,577/- as per our records. Therefore we kindly request you to provide the above said documents so that we can verify and check the authenticity of the documents and revert back. Thank you! Director Director. Enclosure: (I) Letter to Mr. Sivaram dated 05.07.2017 No. 144 145 Sterling Road. Nungambakkam. Chennai- 600 034 Ph: 044-3988 4422. Fax: 044-3041 4999 Email: [email protected]. 6. From the aforesaid letter, it is clear that the Respondent-('Operational....
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.... return/rejection if for any additional information/document, the claim may be resubmitted after rectifying the discrepancies noted above. Enclosure: - Claim Form-19 Task ID: 14502  ....
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....a demand notice of the unpaid debt to the operational debtor in the manner provided in Section 8(1) of the Code. Under Section 8(2), the corporate debtor can, within a period of 10 days of receipt of the demand notice or copy of the invoice mentioned of a dispute or the record of the pendency of a suit or arbitration proceedings, which is pre-existing- i.e. before such notice or invoice was received by the corporate debtor. The moment there is existence of such a dispute, the operational creditor gets out of the clutches of the Code." 9. In the present case as we find that there is an 'existence of dispute' about arrears of salary and the Respondent has also failed to explain the delay in making claim of arrears alleged to be don....