National Company Law Appellate TribunalVijaykumar J. Nair vs Mr. Divyesh Desai on 18 October, 2023Author:Ashok BhushanBench:Ashok BhushanNATIONAL COMPANY LAW APPELLATE TRIBUNAL,\n                   PRINCIPAL BENCH, NEW DELHI\n\n            Company Appeal (AT) (Insolvency) No. 1372 of 2023\n                       & I.A. No. 4930 of 2023\n\nIn the matter of:\n\nVijaykumar J. Nair                                               ....Appellant\nVs.\nMr. Divyesh Desai                                              ...Respondent\n     For Appellant         Ms. Purti Gupta, Ms. Henna George, Ms. Ashmeet\n                           Arora, Advocates.\n     For Respondent        Mr. Kaustubh Prakash, Ms. Hita Sharma, Mr.\n                           Lavish Sharma, Advocates.\n\n                                   ORDER18.10.2023:         I.A No. 4930 of 2023: This is an application praying for\n\ncondonation of 6 days' delay in filing the Appeal. The ground taken in the\n\napplication is that the Application has been filed for certified copy on\n\n11.09.2023 which has not been received so far. Cause shown sufficient to\n\ncondone delay. Delay is condoned. IA No. 4930 of 2023 is disposed of.\n\n\nCompany Appeal (AT) (Insolvency) No. 1372 of 2023:-Heard Learned Counsel for the parties.2.    This Appeal has been filed against the order passed by the Adjudicating\n\nAuthority dated 30.08.2023 on IA No.2720 of 2023. The Application being IA\n\nNo.2720 of 2023 has been filed by the Appellant where various prayers have\n\nbeen made with regard to reliefs pertaining to employees. Prayers are as\n\nfollows:-2"i)    Not to reject the salaries of the applicants for\n            period of stay of CIRP by Hon'ble Supreme Court;ii)    Not to reject the salaries of the applicants for\n            the period commencing from 21st December 2019,\n            the date on which RP informed the employees vide\n            his email that all white collar employees to "go on\n            leave without pay".iii)   Not to reject the salaries of the applicants for\n            the period the registered office and place of work in\n            Mumbai was sealed by RP w.e.f. 25.02.2020\n            unlawfully.iv)    To treat the unpaid salaries/dues of the\n            applicants for CIRP period as part of CIRP cost;v)     to disburse the same forthwith, without any\n            further delay and report compliance with the same\n            to the Hon'ble Adjudicating Authority within a\n            period of 15 days from the date of the Hon'ble\n            Adjudicating Authority's order;vi)    Pass such further orders and/or directions as\n            the facts and circumstances of the case may\n            warrant."3.    The Adjudicating Authority while disposing of IA No.2720 of 2023\n\nobserved that since IA No.53 of 2022 has already been filed by the liquidator\n\nwhere liquidator has prayed for some modification in the distribution,\n\nApplicant in IA No.2720 of 2023 may file an Intervention Application in IA\n\nNo.53 of 2022.Company Appeal (AT) (Insolvency) No. 1372 of 2023& I.A. No. 4930 of 202334.    We are of the view that when IA No.2720 of 2023 has been filed and\n\nalready pending, there is no reason to direct the Appellant to file an\n\nintervention application in IA No.53 of 2022. Both IA Nos. 53 of 2022 and 2720\n\nof 2023 ought to have been decided and disposed of together. We, thus,\n\ndispose of this Appeal observing that IA No.2720 of 2023 also be heard and\n\ndecided while deciding IA No.53 of 2022 after hearing the parties. We make it\n\nclear that we have not expressed any opinion on the merits of the applications.\n\nIt is for the Adjudicating Authority to consider and decide it.5.    Appeal is disposed of.[Justice Ashok Bhushan]\n                                                                      Chairperson\n\n\n\n\n                                                                     [Barun Mitra]\n                                                                 Member (Technical)\n\nAnjali/nn\n\n\n\n\n                                           Company Appeal (AT) (Insolvency) No. 1372 of 2023& I.A. No. 4930 of 2023