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2021 (11) TMI 1027 - NATIONAL COMPANY LAW TRIBUNAL HYDERABADMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - breach of Employment Contract - HELD THAT:- The counsel for Corporate Debtor would contend that the claim of the entire amounts made by the Operational are false and are denied. The counsel would contend that the Operational Creditor went on a vacation to Bali despite leave being not sanctioned which is in complete violation of the terms and conditions of appointment and thereby causing termination of services. The counsel for Corporate Debtor would also contend that after the Operational Creditor termination, many clients who were availing services had abruptly cancelled their procedures apparently under Operational Creditor influence which is poaching of clients thereby causing huge loss to the Corporate Debtor as such the Operational Creditor is guilty of gross misconduct. The amounts which had to be refunded to the Corporate Debtor is ₹ 2, 13,000/- during the period from September, 2018 to January, 2019. Infact, the Corporate Debtor was seriously considering taking legal action for recovery of the amounts from the Operational Creditor - The counsel for Corporate Debtor would also contend that the Operational Creditor influenced other two Doctors and staff to leave the organisation and join a competitor which amounts to gross misconduct and poaching of staff and sharing crucial information of the Corporate Debtor with the competitors. Prima facie there is a breach of Employment Contract, she went outside without sanction of any leave or permission. Relying on the documents filed by both the parties, the petition deserves to be dismissed. The petition is dismissed.
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