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2018 (6) TMI 681 - Tri - Insolvency and BankruptcyInitiation of Corporate Insolvency Resolution Process - default in payment of salary - Held that:- From the definition of “Operational creditor” and “Operational Debt”, it can be seen that the applicant being in employment in the respondent company and having provided service to the respondent company clearly comes within the definition of Operational Creditor. Similarly the claim of outstanding salary due to him comes within the definition of Operational Debt. Respondent company having admitted that the applicant was working in the respondent company. Since the respondent Corporate Debtor has admitted the term of employment of applicant, and there being default in payment of salary of that period, the application deserves to be admitted on that score alone for triggering Corporate Insolvency Resolution Process against the respondent corporate debtor. We are satisfied that the present application is complete and there has been part admission of salary dues and non-payment of the same has caused default by respondent. Therefore, on fulfilment of the requirements of section 9(5)(i)(a) to (d) of the Code, the present application is admitted.
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