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2020 (12) TMI 803 - NATIONAL COMPANY LAW TRIBUNAL , KOCHI BENCHPrinciples of res judicata - seeking direction of this Tribunal against the Respondents to make payment of ₹ 9,64,94,779/- towards salary, provident fund, gratuity and proportionate shares towards the outstanding loan to the applicant - HELD THAT:- It is clear that it is limited to only two aspects- (i) payment of license fee, and (ii) issue of setting up off losses in relation to Income Tax and that it is clear that all the claims and contentions raised by the applicant herein in the above-mentioned Appeals were rejected and the only argument allowed was that the Resolution Plan should be in compliance with the law of the land. It was mentioned in the order in the Appeal that the applicant has not been paid dues over ₹ 2.65 Crores towards his salary and unsecured loan of over ₹ 16 Crores and that he is both Financial Creditor as well as Operational Creditor. However, the Hon’ble NCLAT passed an order for getting an affidavit from the Resolution Applicant (Respondent No.3) that the Resolution Applicant will be successfully completing the Resolution Plan whether Resolution Applicant gets set off under Income Tax or not. It is also found from the records that in compliance with the said order, the Resolution Applicant has filed the Affidavit before this Tribunal, which was taken on record on 09.09.2020. This Tribunal finds that the reliefs sought by the applicant in this Application are not within the scope of directions issued by the Hon’ble NCLAT, which requires the compliance of this Tribunal, as the Resolution Applicant has filed the affidavit as per the directions of the Hon’ble NCLAT. It is presumed that the issue involved in the MA has already been raised before the Hon’ble NCLAT and the same was rejected by the Hon’ble NCLAT. Hence, the applicant is barred from filing any further application for the same cause of action, as it will hit by res judicata. Application dismissed.
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