9911796707
TMI Blog2022 (3) TMI 1058X X X X Extracts X X X X X X X X Extracts X X X X ..... . 34,13,993/- due to him and due to the default committed by the Corporate Debtor in discharging the said debt. 2. The facts that are stated in this Application are briefly as follows: (i) The Corporate Debtor is engaged in running a scheduled commercial airline in India with the brand name Air Costa. The Operational Creditor joined the Corporate Debtor as Senior First Officer based at Chennai by virtue of an appointment letter. He also entered into an Employment agreement dated 29.06.2015. (ii) The Operational Creditor had to deposit Rs. 25,00,000/- as training costs towards training and was to serve the Corporate Debtor for a period of five years. (iii) The Operational Creditor rendered services as Senior First Officer to the Corpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation which was duly accepted by the Corporate Debtor. Several requests have been made by the Operational Creditor to clear the arrears in salary along with training costs, but the Corporate Debtor failed to pay the amounts. Hence, this Application. 3. The Corporate Debtor filed counter, denying the liability and from which the facts of the case can be understood: i. The Operational Creditor resigned on 28.02.2017 and six months' notice as required was initiated. The Operational Creditor did not fulfil his obligations under the Employment Agreement and did not serve the required notice period. Hence, no payments are required to be made to the Operational Creditor. ii. The Operational Creditor submitted his resignation without any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ditor paid the amount as such which is only for the purpose of training. vii. Operational Creditor completed his training and gained the benefit of training in as much as he was now licensed to fly an EMBRAER aircraft and he was paid a higher salary after completing his training. Hence, the claim for refund of the training costs is not sustainable. No amount is due by the Corporate Debtor hence, the petition is liable to be dismissed. 4. Heard the arguments of both sides and perused the written submissions. From the material on record the points that are to be considered are: I. Whether the Operational Creditor is entitled for the refund of the training costs of Rs. 25,00,000/- along with interest. II. Whether the Corporate Debtor is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case that the Operational Creditor has submitted his resignation due to non-renewal of licenses. A demand notice was issued calling upon the Corporate Debtor to pay the outstanding amounts. The demand notice dated 13.02.2020 does not specify the amounts that are due. It specifies that a demand notice is enclosed but no such enclosure is found with the said demand notice. The enclosed demand notice is nothing but the application filed before the Tribunal in Form-5. A reply notice was issued on 18.02.2020 stating that the Operational Creditor joined service with effect from 29.06.2015 and continued till 28.02.2017 and that he paid Rs. 25,00,000/- as training costs and he completed the training hence, he is not entitled for the refund of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her he has committed default of the same. It is not disputed that the Operational Creditor has voluntarily resigned from the service. Clause - 6 (F) (iv) is clear with regard to the obligations in case of resignation of Pilot. The resignation is tendered on 28.02.2017. The full and final settlement of accounts shows that the amount payable thereunder was mentioned. The same is filed by the Operational Creditor himself from which it can be understood that the said amount was received by the Operational Creditor. The next claim is with regard to the TDS dues for the month of January & February, 2017. Since the salaries are not paid to the Operational Creditor. The TDS amounts are not credited to the account is the argument of the Corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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