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2019 (12) TMI 564 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIOppression and Mismanagement - Admissibility of application - initiation of CIRP - pre-existing dispute or not - HELD THAT:- The Company Petition under Sections 241 and 242 of the Companies Act, 2013 filed by the 1st Respondent is pending before the 'National Company Law Tribunal'. In the said case, application for interim relief filed by the 1st Respondent has been heard and the order has been reserved on 14th May, 2018. During the pendency of the aforesaid application for payment of salary, without waiting for decision of NCLT, the 1st Respondent issued Demand Notice u/s. 8(1) of the 'I&B' Code on 26th July, 2018, for the same amount as claimed and prayed for before the Tribunal in a Petition u/s. 241,242, which has already been disputed by the 'Corporate Debtor'. Though the Adjudicating Authority ('National Company Law Tribunal') Principal Bench has noticed that the petition u/ss. 241, 242 and 244 of the Companies Act, 2013, with prayer for payment of salary is pending before the 'National Company Law Tribunal' and the 'Corporate Debtor' in the said case disputed the entitlement of 1st Respondent to get salary of the said period, the Adjudicating Authority has admitted the application u/s. 9 - as there is a pre-existence of dispute with regard to salary payable to the 1st Respondent and matter is pending for decision before the 'National Company Law Tribunal', New Delhi prior to issuance of Demand Notice u/s. 8(1), the application u/s. 9 of the 'I&B' Code filed by the 1st Respondent was not maintainable. The application u/s 9 of the 'I&B' Code filed by the 1st Respondent is dismissed. In effect, the order(s) passed by ld. Adjudicating Authority appointing 'Interim Resolution Professional', declaring moratorium etc. pursuant to impugned order of admission and action taken by the 'Resolution Professional', including the advertisement published in the newspaper; calling for applications and all such actions are declared illegal and are set aside.
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