C GANAPATHY Vs. ARUNA HOTELS LIMITED

JUDGEMENT

(1.) Under adjudication are three company applications numbered as C.P.478 of 2017, C.P. 479 of 2017 and C.P.480 of 2017 that have been filed under Section 9 of I&B Code, 2016, against the Corporate Debtor.

(2.) As the Corporate Debtor in all the three petitions is the same company i.e. M/s.Aruna Hotels Limited, we take up all the three matters to pass a common order. However, we may take up C.P.478 of 2017 filed by Mr.D.Ramjee, Operational Creditor, wherein he claims that his arrears of salary, gratuity and leave salary is the outstanding debt and the Corporate Debtor defaulted in making payment of the same.

(3.) We have heard both the sides. Both of the Counsels have submitted their final arguments in detail. Counsel for Petitioner has submitted that demand was made to the tune of Rs.2,13,65,565/- towards arrears of salary, Rs.47,03,318/- towards gratuity and leave salary, totaling Rs.2,60,68,883/-, the details of which has been explained under Para 16 of the application. The Petitioner has sent a demand notice on 24.03.2017 and the same is placed on record. An affidavit of the petitioner as per section 9 (3) (b) (c) of I&B Code, 2016 is also placed on record wherein it has been deposed that the applicant has not received any amount from the date of notice till the date of filing this application and stated that the Respondent has given reply to the notice by vague and immaterial denial of the petitioner's employment. The Counsel for applicant has drawn our attention to the communication that has been made on 4th April 2014 wherein a letter has been addressed to the petitioner by Mr.N.Sivaraman, Chairman and Managing Director of the Company acknowledging the obligation to pay the entire arrears of salary as agreed by the Company as per their earlier letters and orders issued on different dates ending with the letter 31.03.2014 as shown in the statement attached. It has been promised to settle the amount within a period of three months from this date along with 19% interest for delaying the payment. The schedule reflects the details of the balance due as given in a tabular form by the Chairman and Managing Director.