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2019 (10) TMI 1386 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - pre-existing dispute or not - services rendered by the Applicant to the Corporate Debtor during the period of employment of the Applicant - HELD THAT:- On perusal of the appointment Letter of the Applicant along with the Salary Structure; the Resignation relating Email; the Reply Email and the Email reminders issued by the Applicant seeking his dues; it appears that the Corporate Debtor's has spurious defence to show an existing dispute, which is an attempt to deny an employee his legitimate dues. It is established that there is an operational debt as per section 5(21) of the Code, 2016 and default of more than Rupees One Lakh is proved. The corporate debtor has not placed any document on record to establish the pre-existing dispute - it is observed that no dispute was in existence before the receipt of Demand Notice - application has been filed well within limitation. The application is complete hence deserves to be admitted. Application admitted - moratorium declared.
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