TMI Blog2019 (12) TMI 1643X X X X Extracts X X X X X X X X Extracts X X X X ..... n Rs.1 Lakh, it having not been paid by the Corporate Debtor, the application under Section 9 was maintainable. HELD THAT:- From application under Section 9 filed by the Appellant, it is found that the appellant has shown particulars of the claim under following heads - Salary for the period December, 2014 to March, 2015, which is barred by limitation; Reimbursement of amount for FY 2014-15 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Adjudicating Authority (National Company Law Tribunal) or this Appellate Tribunal and therefore, the Adjudicating Authority rightly not deliberated on such issue. Appeal dismissed. - Company Appeal (AT) (Insolvency) No. 1459 of 2019 - - - Dated:- 16-12-2019 - Justice S. J. Mukhopadhaya Chairperson, Justice Bansi Lal Bhat, Member (Judicial) And [Justice Venugopal M.] Member (Judicial) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication being not maintainable. 2. Learned counsel appearing on behalf of the Appellant submits that even if the salary of recent year is taken into consideration, which is more than Rs.1 Lakh, it having not been paid by the Corporate Debtor, the application under Section 9 was maintainable. 3. From application under Section 9 filed by the Appellant we find that the appellant has shown pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esolution or liquidation, therefore, we hold that the Adjudicating Authority rightly rejected the prayer of the Appellant. So far as the question as to whether the documents are forged or not is concerned, it cannot be determined by the Adjudicating Authority (National Company Law Tribunal) or this Appellate Tribunal and therefore, the Adjudicating Authority rightly not deliberated on such issue. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
