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2021 (11) TMI 792 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make payment of its debt - Operational Creditors - existence of debt and dispute - HELD THAT:- The Respondent has reported deficiency of services from October, 2018 and also the issue of not getting the supporting documents form the Appellant showing compliances of various labour laws in spite of numerous correspondence between them - Correspondence between the parties in the form of email reflects prior to issue of demand notice revolving around non-submissions of documents for compliance of various labour laws as per agreement between them as also supply of shortage of staff and other related issue. The Hon’ble Supreme Court in MOBILOX INNOVATIONS PRIVATE LIMITED VERSUS KIRUSA SOFTWARE PRIVATE LIMITED [2017 (9) TMI 1270 - SUPREME COURT] has laid down that Adjudicating Authority must reject the Application if a notice of dispute has been received by Operational Creditor. The Appellant has failed to comply with labour laws leading to labour dispute before the labour commissioner and the Respondent has to release certain amount directly to the employees of the Appellant - It is proved beyond doubt that the Appellant is chasing for payments which is not the object of IBC. It is amply clear that the Order passed by the Adjudicating Authority is in order and requires no review or reconsideration. There is no infirmity in the order passed by Adjudicating Authority - Appeal dismissed.
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