9911796707
TMI Blog2021 (6) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s. 42 & 60(5) of IBC, 2016 r/w Rule 11 of NCLT Rules, 2016 before this Tribunal dated 11.02.2019 seeking to reject the Liquidator/Respondent's decision for not accepting his claim and for direction to be given to the Liquidator/Respondent to sanction the claim, as sought by him. The reliefs he has sought in his Application are given below:- A. To set aside the decision of the Respondent dated 28th January, 2019 in rejecting the Applicant's claim and; B. Consequently DIRECT the Respondent, to accept the claim of the Applicant. C. To pass such further and other reliefs as this Hon'ble Tribunal may deem fit in the facts and circumstances of the case. 2. It is to be seen that pursuant to the order passed by this Tribunal i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Corporate Debtor to submit their proof of claims on or before April 2018. It is stated that Form-E had been submitted by the Applicant to the IRP on 16.04.2018 and the same was enclosed as Annexure - 5. 6. The Applicant had also enclosed an affidavit dated 16.04.2018 in the Application wherein it had been mentioned that he was neither terminated nor resigned from the job which is filed as Annexure - 6. 7. It is averred that his claim before the Respondent/Liquidator was returned from the Respondent/Liquidator on the ground that as no proof regarding non disbursement of his salary is available in the Books of the Corporate Debtor as well as non-cooperation on the part of the Corporate Debtor with the Respondent/Liquidator and for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eliefs:- A. To direct the Respondent to allow the Petitioner to access his mail box or to retrieve the mails from the office mail server of the Corporate Debtor by way of Discovery and Inspection. B. To pass such further and other reliefs as this Hon'ble Tribunal may deem fit in the facts and circumstances of the case. 10. In the counter filed by the Respondent/Liquidator dated 26.08.2019, it is stated that the Applicant had originally filed an Application in MA/140/2019, and later filed another Application in MA/661/2019 before this Tribunal to which the Respondent/Liquidator pointed out that both the Applications are not maintainable and liable to be rejected in limine for want of proof in establishing as to that of the Applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the period from March 2013 till March 2018 and during these period the Applicant has claimed his salary, when the Corporate Debtor is being faced with an order of Liquidation. 12. Heard both sides and perused the file including the pleadings placed on record. It is seen from the e-mails which were sent by the Applicant to the erstwhile Managing Director of the Corporate Debtor which shows that the Applicant was not in employment of the Company after April 2013. 13. Further, it is also seen from the documents that the Applicant was offering his personal services to a few Companies as a Freelancer and as rightly contended by the Learned Counsel for the Respondent, as per the Standing Orders, 1946 issued by the Joint Commissioner of Labo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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