TaxTMI 
TaxTMI 
2022 (3) TMI 15
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....perational 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 14.08.2014 with Date of Joining as 01.09.2014 with a salary of Rs. 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 martial 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 Dr. Divya. However after returning from Bali, the 2 persons being Doctors were not reported and the Operational Creditor warned and condemned. Totally dejected at their response, since she was already suffering a set back in personal life, could not get peace even in the work place. 6. The counsel for Operational Creditor would contend that she was alone suspended for going to Bali vide email dated 05.10.2018 of the Corporate Debtor and assured that settlement would be done by December, ....
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....onal Company Law Tribunal, Hyderabad Bench) had failed to appreciate that the 'Email correspondence' exchanged between the Appellant/ Operational Creditor and the Respondent/Corporate Debtor, wherein it was admitted that her settlement would be made, based on the 'Notice Rules', i.e. payment of 2 months' salary, in lieu of 'Termination' and the said fact was even mentioned in her 'Appointment Letter'. 4. According to the Learned Counsel for the Appellant, the Appellant's employment was terminated for taking 'unsanctioned leave' and that was the reason she was given two months' salary in lieu of 'Termination' resting on 'Notice Rules' of the Company as per their employment letter. 5. The Learned Counsel for the Appellant points out that the 'Appellant' had spent a short vacation in 'Bali' with Doctor of the Respondent's Company (including Dr. Charanya, Dr Charisma and Dr Divya) and after returning from Bali alongwith their colleagues, the other two colleagues, being the Doctors had not reported, but since the Appellant was just a 'CRM Manager' she was warned and condemned by the Respondent. 6. The Learned Counsel for the Appellant brings to the notice of this 'Tribunal' that the ....
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....s filed instant Appeal before this Tribunal, challenging the impugned order dated 12.11.2021. EVALUATION 11. A perusal of the contents of Form 5 Application filed by the Appellant/Operational Creditor to initiate Corporate Insolvency Resolution Process under the I&B Code, 2016 (under Rule 6 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules 2016 under the caption Part IV Particulars of Operational Debt it is mentioned as under: 1 TOTAL AMOUNT OF DEBT DETAILS OF TRANSACTION ACCOUNT ON WHICH DEBT FELL DUE AND THE DATE FROM WHICH SUCH DEBT FELL DUE Total Amount due Rs. 3,74,004/- (Rupees Three Lakhs Seventy Four Thousand and Four only) Being 1. Towards salary dues @ Rs. 1,95,000/- (after deducting PF & IT) per month from September, 2018 to November, 2019 (3 months).2. Provident Fund from March 2016 to December 2018 for Rs. 1,79,004/-3. Last month from which the amount fell January, 2019. 4. Interest for the above @ 18% per annum. 2 AMOUNT CLAIMED TO BE IN DEFAULT AND THE DATE ON WHICH THE DEFAULT OCCURRED (ATTACH THE WORKINGS FOR COMPUTATION OF AMOUNT AND DATES OF DEFAULT IN TABULAR FORM) The total amount in default is Rs. 3,74,004/- (Rupees Three Lak....
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....ng other things mentioned that there was an explicit admission in Email Correspondence of the Appellant/Operational Creditor that she was relieved from the job on 08.10.2018 and further the Appellant had confirmed that after being relieved from the job on 08.10.2018 she had not associated herself with any other company. Therefore, a plea was taken by the Respondent/Corporate Debtor that the Appellant's claim for three months' salary (which include October and November, 2018 salary) was utterly a false one and further that the Appellant/Operational Creditor has claimed two months' additional salary and according to the Appellant's own admission, she had not worked for the period. 17. The Respondent/Corporate Debtor in its Reply/Counter before the 'Adjudicating Authority' had proceeded to mention that the Appellant/Operational Creditor was fully aware that contributions to her provident fund account were regularly made and the provident fund statement for members' pass book confirmed the amounts that were already remitted by the Respondent/Corporate Debtor to the Provident Fund Account of the Appellant/Operational Creditor. As such, there is no liability on the part of the Responden....
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....ll take every necessary action to ensure compliance with these guidelines and to bring problems areas to the attention of higher management for review. Violations of this conflict of interest policy shall result in the termination of employment under the Agreement, as the breach under this clause shall be construed to be a material breach of the Agreement. You shall conduct yourself in conformity with the code of conduct from time to time. Further, you shall carry out the instructions in letter and spirit given by the superiors, shall not disobey the instructions given and shall not indulge in any unethical practices which results in loss of productivity or which affect the deliverables." POSITION ON CONTRACT 19. It is to be relevantly pointed out that a 'Contract' comes into existence, when the 'Terms and Conditions' of the 'Contract' were finalised. A 'proposal' when accepted gives rise to an 'Agreement'. The 'Agreement' if reduced into writing and a document is executed between the parties, affixing their signature/thumb impression, such an agreement is to be a lawful one as per decision of the Hon'ble Supreme Court in the matter of Tarsem Singh V. Sukhmider Singh, reported ....
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....SC 1981. 26. According to the Respondent, the Appellant/Operational Creditor was the 'CRM Manager', an important position of the branch and that many clients of the Respondent, who were availing the services of the 'Branch' had abruptly cancelled their procedures under the influence of the 'Appellant/Operational Creditor'. Which was 'poaching of clients', thereby causing huge loss to the Respondent/Corporate Debtor and, therefore, the Appellant is guilty of gross misconduct. In fact, the amounts which was to be refunded by the Corporate Debtor/Respondent is Rs. 2,13,000/-, during the period September 2018 to January, 2019 and that the Respondent/Corporate Debtor was seriously considering taking legal action for recovery of the amounts from the Appellant/Operational Creditor. Under these circumstances, the Respondent/Corporate Debtor denies the claim of the Appellant/Operational Creditor of Rs. 3,74,004/- together with interest @ 18% p.a. CIRP UNDER I&B CODE 27. The 'CIRP' under the I&B Code, 2016 is not to be determined by a 'Court of Law'. Further, 'CIRP' is not an adversarial litigation. The proceedings under the I&B Code are summary in character. The 'Adjudicating Authority' ....