TaxTMI 
TaxTMI 
2021 (10) TMI 712
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....of such employment, were also duly agreed and attached to the aforesaid "Letter of Appointment". iii. Further, on 21.09.2012, the Corporate Debtor satisfied with the Operational Creditor's performance and finding them "Good" is pleased to confirm the Operational Creditor's appointment with retrospective effect from 01.05.2012. All other terms and conditions continued to remain the same. iv. Further, Corporate debtor enhanced his Annual Compensation to Rs. 65,40,000/- and thereafter to Rs. 70,80,000/-, vide letters dated 28.05.2014 and 18.06.2015. v. Further, the Operational Creditor in accordance with Clause 11 of the Letter of Appointment dated 01.11.2012, served a Letter of Resignation dated 01.07.2016 seeking to resign from the services of the Corporate Debtor effective from 01.01.2017 and vide e-mail dated 15.07.2016, the Corporate Debtor acknowledge receipt of the aforesaid Letter of Resignation. vi. Further, the Operational Creditor, also handed over the Company Identity Card and the "AEP Card" to the Security Staff of the Corporate Debtor. vii. With the notice period for resignation duly completed on 31.12.2016/01.01.2017,....
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....ised". xi. Operational Creditor issued a Demand Notice dated 27.12.2019 invoking the applicable/relevant provisions of/under the Insolvency and Bankruptcy Code, 2016 demanding a sum of Rs. 15,55,000/-, by way of- a) Unpaid salary @ Rs. 5,90,000/- per month for the period from November-December, 2016; and b) Rs. 3,75,000/- towards gratuity w.e.f. date of Joining of Service till 31.12.2016. xii. The Corporate Debtor, via reply to demand notice dated 09.01.2020, denying the dues of the Operational Creditor. 3. Total amount of Debt is a sum of Rs. 15,55,000/- (Rupees Fifteen Lacs and Fifty Five Thousand Only) alongwith interest @ 12% per annum in the manner claimed above. The above debt is due since 31.12.2016. 4. The Corporate debtor contended the following in its reply dated 01.02.2021: i. The alleged claims of the Petitioner is barred by limitation and the Petitioner cannot initiate any proceedings against the Respondent Company for recovery of his alleged outstanding dues. ii. Further, as per the case of the Petitioner, he is claiming wages for the months of November and December, 2016, which became due in the months of De....
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....department of the Flight Operations. viii. Further, the Petitioner/OC failed to communicate his medical status or the reasons for his absentia from his duties from 29.11.2016 to 31.12.2016. The Petitioner/OC failed to either appear before the CME and/or produce his own legal and valid Medical Certificate, for his reportedly SICK status, from 08.11.2016 to 29.11.2016. ix. From the aforesaid, it is evident that the Petitioner/OC failed to discharge his duties and report for work, after 08.11.2016. The Petitioner/OC failed to operate/execute the flights assigned to him from 08.11.2016 to 30.11.2016/31.12.2016. The aforesaid neglect/breach on the part of the Petitioner/OC has caused serious disruption of Crew Roster and loss to the Respondent Company. As a consequence of not reporting for the flight operations by the Petitioner/OC, the roster had to be changed and other Pilots had to be re-assigned to the flight duties. This caused financial loss to the Respondent Company. x. Further, the Petitioner has failed to serve the complete notice period of six months and has also committed intentional and deliberate breach to the regulations and guidelines of DGCA, b....
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....s exit was "pending" subsequent to his resignation. 6. The Corporate Debtor in its written arguments dated 20.07.2021 contends the following: a. CLAIM OF THE OC BARRED BY LIMITATION. The alleged claims of the Petitioner/OC are barred by limitation. The Petitioner/OC left the Respondent Company on 08.11.2016. The Petitioner/OC, as such, could have initiated recovery proceedings for recovery of his alleged dues within three years from the aforesaid date. Even as per the case of the Petitioner/OC, he is claiming wages for the months of November and December, 2016, which became due in the months of December, 2016 and January, 2017, respectively. It is submitted that the present Petition, which has been filed much after expiry of the limitation period, as prescribed above, is clearly barred by law and is liable to be dismissed. The OC has tried to explain that the limitation extended on account of e-mail communications between the parties and also by the act of issuance of NOC. It is submitted that in the said e-mails, the CD never ever admitted any claim to be due and payable by it. Rather, in one of the e-mails, it was stated that No Salary is due, as per the noti....
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....P (Airport Entry Pass) to the Corporate Debtor company on 30.11.2016. Therefore, the claim of the petitioner that his salary was due for the months of November and December 2016 is also contrary to the facts that once the petitioner has handed over his company ID and AEP then how he had worked till 31.12.2016 that has not been explained by the petitioner. 14. He further submits that he has also given a reply to the demand notice and specified all the facts which the Corporate Debtor has averred in its reply. 15. In the light of that submission, we firstly examine whether the present application is barred by limitation or not? 16. Admittedly, this application is filed on 16.03.2020, as per demand notice (which is at page 43 relevant page 44 of petition), the date of default is mentioned as 31.12.2016. 17. In part-IV of the application, the petitioner has also averred the date of default first arose on 31.12.2016, on the ground that the petitioner has claimed his salary for the period of November and December, 2016. 18. The contention of the petitioner is that since the No Objection Certificate (NOC) was issued on 20.10.2019 and the email was sent by the Corporate Debt....
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....facebook.com/fyspicejet Toyspice sg14.3.png Disclaimer The contents of this Ema? may contain confidental and privileged material and are Intended for use of the addressee only Use, distribution or copying of this Email by an unintended recipient is prohibited and would be in violation of law. If you believe that you have received this Email by mistake and/or are not the intended recipient, please do not read this Email and/or any attachments, and delete this Email and its attachments including any copies thereof, and inform the sender, of such deletion, SpiceJet Limited accepts no liability for any damage caused by any virus transmitted by this Emak From: Rizwan Kakel ([email protected]) Sent: Thursday, November 21, 2019 2:19 PM To: Praveen Sharma Subject: Re: Settlement of claims Dear Praveen Kindly note the case is not 4 years old. The case is just short of getting to be 3 years old, the reason that i am pressing a quick settlement Can you please let me know what has happened since Oct 2019? I was hopeful the job is in progress. Document 2s there some way to confirm last salary drawn and the case? Please do not delay th....