2021 (9) TMI 1381

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.... the code praying for an order of Initiation of Corporate Insolvency Resolution Process (CIRP) against the corporate debtor for resolution of an "Operational debt" of an amount of Rs. 16,80,877/- being the service benefits payable to the petitioner on his superannuation. 2. The corporate debtor filed an affidavit in reply of Mr. Ashok B. Gawari, Company Secretary of the respondent opposing the above company petition on various grounds mentioned in the reply including the ground of maintainability. 3. The case of the petitioner is that he has worked as an employee in the corporate debtor company and attained superannuation on 31.10.2016 and the corporate debtor failed to pay the following service benefits payable to the petitioner: - Sr. ....

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....ble Tribunal claiming his retrial dues. The said matter was heard at length by the Hon'ble Tribunal and after hearing the judicial member and the technical member differed in their views. The Hon'ble judicial member was pleased to dismiss the said company petition no. 2482/2018 while the learned Technical member passed a dissenting judgement in the matter and the matter was referred to learned Third Bench and the matter is pending of hearing before the learned third member and subsequently vide order dated 06.12.2019 even proceedings before the learned Third Member have been stayed by the Hon'ble Bombay High court on Writ petition No. 11366/2019 with Interim Application No. 1/2019 filed by the respondent company. 7. Heard the arguments of ....