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Judgment
O R D E R
30.03.2022: Heard Mr. Vikas Mehta, Learned Counsel for the Appellant and Mr. Rohan Rajadhyaksha, Learned Counsel appearing for the Respondent-Resolution Professional.
This Appeal has been filed against the Order of the Adjudicating Authority dated 20th January, 2022 passed in MA. No. 3387 of 2019. The Appellant before us has filed M.A. No. 3387 of 2019 praying for following reliefs:
“a. That this Hon’ble Tribunal be pleased to pass an order directing the Resolution Professional to file an affidavit unambiguously stating exactly what settlements were arrived at with the 98 employees listed in Exhibit A annexed above regarding their claims, what payments were made to them and why the said payments were made. And also unambiguously state whether or not he intends to settle the claims of the said employees out of CIRP costs/during the Resolution Process.
b. That this Hon’ble Tribunal be pleased to pass an Order holding the Resolution Professional personally liable for any illegal payments made to the said 98 employees. And be directed not to make any further payments towards the claims of any of the said employees.
c. Interim Relief in terms of Prayer Clauses (a) and (b) above;”
The Application came for consideration before the Adjudicating Authority and Adjudicating Authority has passed following Order:
“MA 3387/2019
Mr. Singhavi, Ld. Sr. Counsel for the Applicant and Mr. Rohan Rajadhyaksha, Advocate for the Respondent (Resolution Professional) are present. This is an application on behalf of the Jet Aircraft Maintenance Engineers Welfare Assocation (JAMEWA), praying to pass an order directing the Respondent (RP) to file Affidavit unambiguously stating exactly what settlement is arrived at with 98 employees, listed in exhibit “A”, what payments were made to thme and why the said payments were made and also to unambiguously state whether or not he intends to settle the claims of the Applicant/employees out of the CIRP cost during the Resolution Process.
Admittedly, RP is no more looking after the affairs of the Jet Airways; currently the affairs are being managed by the Monitoring Committee (MC). Thus, the MC is directed to look into the prayer regarding certain payments which is subject matter in the Application and take appropriate view of merits. Accordingly, MA is allowed and disposed of in above terms.”
Learned Counsel for the Appellant submits that the Monitoring Committee is not to decide any issue on merits and the observations of the Adjudicating Authority that monitoring committee may look into the prayer regarding certain payments was not necessary.
We have noticed the prayer in the M.A. No. 3387 of 2019 by which certain Information was sought including direction on the RP to file Affidavit giving the details as asked for. Learned Counsel for the Respondent submitted that Respondent themselves has filed a ‘Modification Application’ before the Adjudicating Authority which is pending.
After having heard Learned Counsel for the parties, we are of the view that order is not sustainable, we set aside the Order dated 20th January, 2022 passed in MA. No. 3387 of 2019 and revive the M.A. No. 3387 of 2019 before the Adjudicating Authority which may be considered afresh and decide the same after hearing the parties. The M.A. No. 3387 of 2019 being pending for quite a long period, we request the Adjudicating Authority to decide the same as early as possible.