Case Law Details
Omega Laser Products B.V. Vs Anil Agrawal (NCLAT Delhi)
It is seen from the record that the remuneration of the MD is a ‘disputed question of fact’. It is not within our domain under IBC to ‘decide the issue of the fixation of the salary of the MD’, but to ascertain if there is any ‘Dispute’ regarding the issue. Having regard to the emails/correspondence and the Minutes on record, we are of the earnest view that the ‘Dispute’ raised is not a feeble legal argument nor is it a spurious one but one which is supported by evidence.
We are of the considered view that the Adjudicating Authority has not addressed either to the question of claims having been time barred nor to the issue of the existence of a ‘Pre-Existing Dispute’ between the parties.
For all the foregoing reasons the Impugned Order dated 15/02/2022 passed by the Adjudicating Authority is set aside and both these Appeals are allowed.
FULL TEXT OF THE NCLAT DELHI JUDGMENT/ORDER
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