TaxTMI 
TaxTMI 
2018 (12) TMI 966
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.... Energy Systems Private Limited, Corporate Debtor, to initiate Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor on the grounds that, as on 30.12.2017, Corporate Debtor has defaulted in making payment of salary and other employment dues amounting to Rs.24,63,319/-. 2. The breif facts of the case are that Mr Sanjay Jijaba Landge, the Petitioner herein was employed for his services as Executive Director from 01.08.2016 vide an appointment letter dated 01.09.2016 at an annual salary (including other benefits) of Rs.60,22,204/-. Dispute arose between the parties when the performance of the Petitioner was found to be dis-satisfactory by the Respondent, and at the same time, the Respondent also suffered financially di....
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....on letter of the Petitioner. The Petitioner submits that he agreed to discontinue his services and that the period from 01.11.2017 to 31.12.2017 would be his notice period provided he would be paid his full and final settlement. However, the Petitioner states that the Respondent avoided and/or delayed in making the full and final settlement of the Petitioner's account as well as failed to take possession of the company articles like Laptop, mobile, data card, visiting card and employee I.D. The Petitioner states that he was informed by his colleagues that he has been relieved from his services on 27.11.2017 and that on 28.11.2017, while the Petitioner was present in the office, a relieving letter dated 25.11.2017 was sent to his residenc....
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....ally and amicably negotiated with the Petitioner under his under-performance as well as the Respondent Company also not doing well. The Respondent further states that on 24.10.2017 it was amicably decided that applicant should resign from his post as executive director of the Respondent Company and pursuant to this discussion an email, annexed with the affidavit in reply, from the official mail Id of the Petitioner was received by Mr Nagesh Basarkar on 01.11.2017 expressing his decision to resign from the Respondent Company. The Respondent has alleged that after tendering his resignation on 01.11.2017, the Petitioner deliberately failed to perform his duties during the notice period and eventually the Respondent Company had to decide to rel....
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....ner giving his full and final settlement calculation sheet along with the cheque for full and final payment. The Petitioner vide his letter dated 08.01.2018 refused to accept the cheque and disputed the full and final settlement sheet sent to him on 30.12.2017. 9. The Respondent has relied upon the Judgment of Hon'ble Supreme court in Mobilox Innovations Private Limited vs Kirusa Software Private Limited, 2018 1 SCC 353, to state that the correspondence between the parties shows the existence of dispute upon the subject matter of the Petition. 10. Before going into the merits of the case, it is pertinent to discuss what the Hon'ble Supreme Court has held in the Mobilox case (Supra) about existence of dispute. The Hon'ble Supreme Court....
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....cating Authority have to determine whether it is a plausible contention requiring further investigation and is not merely a patently feeble legal argument or fact without any supportive evidence. The relevant paragraph of the judgment is reproduced below: "It is clear, therefore, that once the operational creditor has filed an application, which is otherwise complete, the adjudicating authority must reject the application under Section 9(5)(2)(d) if notice of dispute has been received by the operational creditor or there is a record of dispute in the information utility. It is clear that such notice must bring to the notice of the operational creditor the "existence" of a dispute or the fact that a suit or arbitration proceeding re....
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....o the demand notice under section 8 has raised dispute upon the conduct of the Petitioner as well as the amount claimed by him. The dispute so raised by the Respondent relates to the conduct of the Petitioner dated as far back as October 2016. Further, there are correspondence dating 04.05.2017 to show that the reduction in salary of the Petitioner was agreed by the Petitioner. Both the sides have relied upon this letter of 04.05.2017 to support their story. In the letter of the Petitioner dated 08.01.2018 the petitioner has denied to accept the full and final settlement amount calculation and a cheque of Rs.2,66,951/- that he has received from the Corporate Debtor vide their letter dated 30.12.2017 stating it to be not in line with appoint....