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2019 (8) TMI 389

..... currency - HELD THAT:- It is apparent that disputes had arisen, before the Appellant could serve Notices on the Respondent. The defence of Respondent is based on documents prior in time. It is not a case of admitted or apparent debt and the Adjudicating Authority is not expected to enter into the disputed questions of facts. In the present matter, the documents being relied on by Respondent show prior existing disputes with regard to the Service of Appellant. The Respondent had raised issue with the Appellant with regard to the services, he was rendering and the dispute was pre-existing and thus, we find that the Adjudicating Authority rightly rejected the three Applications filed by the Appellant under Section 9 of I&B Code. Appeal dis .....

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..... judicating Authority at Bengaluru. 3. In short:- A. In CA 155 of 2019, the grievance of the Appellant, in short, is relating to amount of ₹ 2,13,252/- which the Appellant claimed was in two components. One component is of ₹ 1,31,637/- and pertains to non-payment of car allowance which was due to the Applicant as per the terms of his employment contract for the period 06.10.2016 to 28.02.2017, and the second component is of ₹ 81,615/- which it is claimed, is amount deducted ostensibly as car allowance between March, 2017 to May, 2017 despite closure of car lease on 01.03.2017. The Appellant had issued Section 8 Notice (Page - 54 of the Appeal - i.e. - Company Appeal (AT) (Ins) No.155 of 2019) dated 30th January, 2018 in thi .....

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..... ing to ₹ 3,81,458/- including making several allegations regarding breach of Notice period, misrepresentation, forcibly putting the Appellant on leave without pay, deliberately denying him access to benefits he was entitled under the Appointment Letter, etc., were raised. C. In Company Appeal (AT) (Ins) No.158 of 2019, the grievance of the Appellant relates to the Respondent defaulting in payment of an amount of ₹ 1,37,115/- in respect of part of salary for April, May and June, 2017. The Appellant claimed that the Respondent deducted TDS ₹ 71,189/- which showed that ₹ 3,19,146/- was due to the Appellant but Respondent deposited only ₹ 1,34,929/- and thus there were dues of ₹ 1,37,115/-. The Appellant had .....

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..... transferred to the Appellant. The Respondent denied that the car allowance element of fixed cash was unpaid till date and this was done for the period - October, 2016 to February, 2017 when the car lease was active @ 27,205 per month. According to the Respondent, no amounts were deducted towards car EMI for March to May, 2017. According to the Respondent, the Appellant had raised dispute before the Ombudsman of Respondent and the said dispute had already been closed. Legal Notice had been issued to the Appellant on 26.09.2017 to return laptop and pay damages and Petition had been filed under Section 43 of Information Technology Act seeking compensation of ₹ 50 Lakhs from the Appellant. The Respondent claimed that there was already exi .....

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..... g his salary but the complaint was concluded on 27th February, 2017 upon due enquiry by the Ombudsman as the complaint could not be substantiated by Appellant. In this matter also, the Respondent relied on the Notice issued to the Appellants on 18th April, 2017 and Notice dated 25th April, 2017 (Page 89 of Appeal No.157/2019) with regard to the charges levelled against him and when he was asked to appear before the Enquiry Officer. 7. With regard to the claim made by the Appellant for non-payment of salary from April to June, 2017 although TDS was deducted, the Respondent (in CA 158/2019) relied on the defence taken before the Adjudicating Authority and the Notice dated 25th April, 2017 (Page - 132 of the concerned Appeal) which was sent by .....

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..... age - 132 of CA 158/2019) laying charges against the Appellant with regard to his service and asking him to appear before the Enquiry Officer - Mr. Pritam Diwakar Shetty on 3rd May, 2017. It is apparent that disputes had arisen, before the Appellant could serve Notices on the Respondent. The defence of Respondent is based on documents prior in time. It is not a case of admitted or apparent debt and the Adjudicating Authority is not expected to enter into the disputed questions of facts. In the present matter, the documents being relied on by Respondent show prior existing disputes with regard to the Service of Appellant. The Respondent had raised issue with the Appellant with regard to the services, he was rendering and the dispute was pre- .....

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