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2020 (10) TMI 394 - Tri - Insolvency and BankruptcyRelease of part amount of salary of the members of the Applicants - it is prayed that some part of the sale proceeds of the property of the Corporate Debtor be distributed towards the claims due of the employees of the Corporate Debtor - HELD THAT:- The order is already challenged by another employees’ association and the same is pending before the Hon’ble NCLAT - There is no provision under the Insolvency and Bankruptcy Code, 2016 and the National Company Law Tribunal Rules, 2016 for review or reconsideration of the order passed by the Adjudicating Authority. The Hon’ble NCLAT in DEEPAKK KUMAR DIRECTOR OF M/S SOVEREIGN INFRASTRUCTURE & DEVELOPERS LTD. VERSUS M/S PHOENIX ARC PVT. LTD. (TRUSTEE OF PHOENIX TRUST FY 16-15 SCHEME B) , M/S SOVEREIGN INFRASTRUCTURE & DEVELOPERS LTD. [2020 (9) TMI 801 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] held that, rehearing and correction of the judgement passed by the Tribunal is impermissible in law. The ratio laid down in the said judgement is applicable to the case on hand. The reliefs sought are for interim payment to the employees of the Applicants’ Associations. There is no provision in the Code for payment to any creditors including these Applicants when the CIRP is under progress. Hence on that count also this Application has to fail - Application dismissed.
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