Learned Counsel for the petitioner is present and moves this petition. Id. Counsel for the Operational Creditor/petitioner has filed this Petition against the Corporate Debtor under Section 8&9 of IBC, 2016 as it is claimed that an operational debt arises due to non-payment of salary for the month of March, 2018 & 13 days salary for the month of April, 2018 which comes to around Rs. 1,16,667/- as well as commission. Ld. Counsel for the Operational Creditor points out that despite offer of the Corporate Debtor for full & final settlement, vide their letter dated 2 July, 2018, it has not paid the dues to the Operational Creditor. It is further pointed out by Ld. Counsel for the petitioner/Operational Creditor, Section 8 notice was given on 22.6.2018 and reply has also been given by the Corporate Debtor on 04.7.2018. It is further represented that a Rejoinder notice to the reply has also been given which has been filed along with the documents enclosed along with the Petition filed along with typed set of documents.
On going through the petition, it is seen that prior to the letter dated 02.7.2018, e-mail communication had transpired between the Operational Creditor and Corporate Debtor. The Operational Creditor was required to give an undertaking to the Corporate Debtor. It is also evident from the reply which has been sent to the Corporate Debtor to the Section 8 notice particularly at paragraphs 5, 6 & 7 as reproduced below:
“5. That sometime around March 27, 2018, it came to the knowledge of our Client, that you the Addressee in complete breach of the confidentiality terms under the Employment Agreement with JLL and IT Policy of JLL, released and shared confidential data with our Client's competitors, with the malafide intent of making wrongful gains at the cost of our Client.
6. That an independent third-party agency was appointed by our Client to conduct an enquiry into your wrong doings. That based on an investigation conducted by a third-party agency, you the addressee were found guilty of breach of confidentiality owing to your acts of sharing confidential information of our Client's to your personal e-mail id and to our Client's competitors including Ana rock.
7. That when our Client, confronted you the Address with the result of the investigation conducted by the third-party agency, you the Addressee acknowledged your wrongdoings and submitted your resignation to our Client on April 13, 2018.”
It is seen from the correspondence exchanged between the Operational Creditor and Corporate Debtor and taking into consideration the said paragraphs as well as undertaking to be given by the petitioner which was sent be the Operational Creditor and required to be given, this Tribunal finds prima facie that there is a pre-existing dispute as between the parties and hence as enunciated the case of Mobilox Innovation v. Kirusa Software (P) Limited, this petition stands dismissed at the stage of notice itself as we do not find any merits in the application/petition other than merely to act as a rules to put pressure upon the Corporate Debtor to come to his terms using the onerous provisions of IBC, 2016.