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Judgment
O R D E R
01.02.2024: Heard Learned Counsel for the Appellant as well as Learned Counsel for the Resolution Professional.
These two Appeals have been filed against the Order passed by the Adjudicating Authority dated 13.12.2023 by which I.A. No. 4951 of 2023 filed by Synergia Sciences Pvt. Ltd. and I.A. No. 3234 of 2023 filed by Beena Mehul Parekh & Anr. has been directed to be listed before the Regular Bench.
The order in both the applications is contained in paragraph 3 and 4 of the Order which is as follows:
“3.IA-4951/2023: This is an Application filed by the related party and seeks refund of the money, which was paid in excess inadvertently to the Corporate Debtor. This bench earlier had held that whatever claim is due to the related parties, the same shall be settled after the adjudication in the avoidance application pending against them before the regular bench. Since avoidance application is being heard by the regular bench, place this IA before the regular Bench.
4.IA-3234/2023: This is an Application filed by the landlord, who is a related party of the Promoters. This bench earlier had held that whatever claim is due to the related parties, the same shall be settled after the adjudication in the avoidance application pending against them before the regular bench. Since avoidance application is being heard by the regular bench, place this IA before the regular Bench. Counsel for the Applicant may be allowed to file rejoinder, if any.”
Learned Counsel for the Appellant submits that Appellants are not promoters/key managerial personnel hence the earlier order which has been referred by the Adjudicating Authority is not applicable since the earlier order was with respect to promoters/key managerial personnel which order was also affirmed by this Tribunal in C.A.(AT) Ins. No. 839 of 2023 in the matter of Mehul Parekh & Ors. VS Unimark Remedies Ltd & Anr.
Learned Counsel for the Resolution Professional submits that the Appellants are related parties to the Corporate Debtor hence the Adjudicating Authority has rightly directed it to be listed before the Regular Bench.
By the Impugned Order applications have not been finally decided and direction has been issued to list it before the Regular Bench. The Appellant who claims not to be promoter/key managerial personnel submits that they are not affected by the earlier directions as referred to in the Impugned Order. The said issue is to be considered by the Adjudicating Authority before passing a final order on the said application.
We thus are of the view that no purpose shall be served in keeping these Appeals pending here. Both the appeals are disposed of directing the Adjudicating Authority to dispose of I.A. No. 4951 of 2023 and I.A. No. 3234 of 2023 in accordance with law. We make it clear that we are not expressing any opinion on the merits and on the contentions of either of the parties.
These Appeals are disposed of, accordingly.