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2021 (8) TMI 856 - NATIONAL COMPANY LAW TRIBUNAL , MUMBAI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditor - existence of debt and dispute or not - HELD THAT:- It is also an admitted fact from record that in August 2017, the Operational Creditor was called upon by the management of Corporate Debtor and was informed about his under performance for the past few years compared to other employees having very less experience and was low to an extent that the performance does not even cover the own costs of the Operational Creditor. Therefore, it is very clear from the admitted facts that the Operational Creditor and the Corporate Debtor were in loggerheads since 2017 with regard to the reduction of salary of Operational Creditor which itself a pre-existing dispute and accordingly the issue goes against the Operational Creditor. Admittedly, the amount claimed by the Operational Creditor in the Company Petition is towards arrears of difference salary. This Tribunal is of the considered opinion that the claim does not qualify within the definition of ‘Operational Debt’ and this issue also goes against the Operational Creditor. Petition dismissed.
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