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2021 (5) TMI 276 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - pre-existing dispute or not - HELD THAT:- It is seen that the Petitioner had entered into Directors on Employment Agreement dated 01.08.2015 and worked as a Director in the Board of the Respondent Company. The present application has been filed for claiming unpaid 15 months' salary. The Petitioner has filed minutes of the meeting which has not been dated but has been signed by various parties. Pre-existing dispute between the parties based on the settlement has been arrived at. Since this matter is ex-parte, there are no complete facts before this Adjudicating Authority. On perusal of documents, it is clear that various meetings between both parties were held, to arrive at amicable settlement. Since the respondent has not filed reply, the responsibility of the applicant to prove 'debt' and 'default' is very high. The onus is on the Applicant to satisfy that there is no "pre-existing dispute" between the both. From the documents, it is clear that there were lot of discussions and meetings between both. The outcome of the same is not before this Adjudicating Authority. Since the IBC is rigorous statue, abundant caution ought to be exercised, before passing order. Application dismissed.
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