TaxTMI 
TaxTMI 
2019 (12) TMI 564
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.... for short) against M/s. 'Axiss Dental Pvt. Ltd. ('Corporate Debtor') which has been admitted by the Adjudicating Authority ('National Company Law Tribunal') Principal Bench, New Delhi by impugned order dated 3rd July, 2019. 2. Learned Counsel appearing on behalf of Appellant submitted that there was pre-existing dispute, therefore, the application u/s. 9 of the 'I&B' Code was not maintainable. 3. On the other hand, according to the learned counsel for the 1st Respondent, there was no pre-existing dispute. 4. Learned Counsel for the Appellant placed reliance on Company Petition No. 96/241-242/(PB) of 2018 preferred by 1st Respondent ('Dr. Amit Sachdeva') u/ss. 241, 242 and 244 of the Companies Ac....
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....lize the funds of the Respondent No. 1 for contesting the present litigation; (vi) Pass appropriate orders directing the Respondents to include the Petitioner in all or any activities/actions with regard to the management and conduct of the affairs and the business of the Respondent No. 1 Company which the Petitioner has the right to participate in by virtue of him being a Shareholder, CEO and Managing Director of the Respondent No. 1 Company including but not limited to full access to the Petitioner's emails, operational emails, right to access records and data and all other rights being exercised by Respondent Nos. 2 to 7 by virtue of them being Directors of the Respondent No. 1; (vii) Restrain the Respondent Nos. 2 ....
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....the Petitioner at the earliest which has been confirmed by the Petitioner under paragraph 5(iii) of the present Application. Therefore, the Applicant has filed the present Application with a mala fide intent to delay and deviate the proceedings before this Hon'ble Tribunal and cause damage and losses to the Respondents. It is denied that the Applicant vide email, dated 24th March, 2018, requested the Minutes of Board Meeting in view of his status as a Managing Director of Respondent No. 1 Company. It is on the other hand submitted that the Applicant had voluntarily resigned from his position as the CEO and Managing Director of the Company at the Board Meeting, dated 7th March, 2018, and the same was accepted and confirmed by Respondent ....
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....isputed by the 'Corporate Debtor'. 9. Though the Adjudicating Authority ('National Company Law Tribunal') Principal Bench has noticed that the petition u/ss. 241, 242 and 244 of the Companies Act, 2013, with prayer for payment of salary is pending before the 'National Company Law Tribunal' and the 'Corporate Debtor' in the said case disputed the entitlement of 1st Respondent to get salary of the said period, the Adjudicating Authority has admitted the application u/s. 9. 10. From the facts as detailed above, as we find that there is a pre-existence of dispute with regard to salary payable to the 1st Respondent and matter is pending for decision before the 'National Company Law Tribunal', New Del....