TMI Blog2020 (2) TMI 1548X X X X Extracts X X X X X X X X Extracts X X X X ..... . There is no document to prove that the CD is liable to make gratuity payment - application dismissed. - IB-702/ND/2019 - - - Dated:- 18-2-2020 - Abni Ranjan Kumar Sinha, Member (J) And Kapal Kumar Vohra, Member (T) For the Appearing Parties : S.V. Rateria, Chandra Prabha, C.S. Gupta and Anand Shukla ORDER Abni Ranjan Kumar Sinha, Member (J) 1. The present petition is filed under Section 9 of Insolvency and Bankruptcy Code, 2016 ( Code ) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rule, 2016 by the Petitioner/Operational Creditor, i.e. Shally Sati for initiation of Corporate Insolvency Resolution Process against the Respondent/Corporate Debtor Company M/S. Karan Moto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2019 till the realisation of outstanding amount is ₹ 1,64,421/-. III. The CD in its reply to the Applications submits that: a. The present application U/S 9 of the Code has been authorized by Mr. S.V Rateria claiming to be the authorized person on behalf of the OC but the affidavit in support is not filed by the said counsel but on the contrary is submitted by the OC herself. b. The OC deliberately did not file the reply dated 22.02.2019 submitted by the CD raising disputes to the claim made by the OC through demand notice dated 14.02.2019 and in the said reply the claim was disputed and hence no proceeding under the Code can be initiated. Even otherwise as per records of the client the salary claim already stands paid and n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id not take any steps. h. The Petitioner/OC has filed the present Petition with mala fide intentions by misleading and misrepresenting facts. The OC has deliberately suppressed the material facts before this Hon'ble Tribunal and is thus guilty of SupressioVeri Suggestion Falsi. That on this ground alone the present Application deserves to be rejected out rightly with exemplary costs. The reliance is place on the Para 14 of the Hon'ble Supreme court in the case of Ramjas Foundation v. Union of India, 2 MLJ 162 (SC) where it was held that: 14. The Principle that a person who does not come to the court with clean hands is not entitled to be heard on the merits of his grievance and, in any case, such person is not entitled to any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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