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TMI Blog2025 (3) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... ishore Arora seeking various reliefs. IA No.862 of 2025 has been filed by M/s. Shree Shyam Vendors Association praying for certain directions. IA No.927 of 2025 has been filed by Bhanu Priya, an employee of Supertech Ltd. praying for certain reliefs. IA No.1082 of 2025 has been filed by IRP of Supertech Ltd. praying for various directions. 2. Before we notice the various prayers made in the applications, certain background facts giving rise to these applications need to be noticed:- 2.1. Company Appeal (AT) (Insolvency) No.406 of 2022 has been filed by Suspended Director of the Corporate Debtor challenging the order passed by the NCLT, New Delhi initiating CIRP process against Supertech Ltd. (Corporate Debtor) on an application filed under Section 7 by Union Bank of India. An interim order was passed in Company Appeal directing the IRP not to constitute the CoC. Corporate debtor, the real estate company had launched various real estate projects. The promoters of the corporate debtor contended before this Tribunal that with regard to ongoing projects, construction be permitted to carry on under the supervision of the IRP with the assistance of promoters, its officers and employees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ordingly. ix. With regard to the expenses to other projects for which no CoC has been constituted, IRP is at liberty to submit a proposal for payment of various expenses including 'CIRP' expenses to this Tribunal. x. The Promoters of the Corporate Debtor shall be at liberty to bear any expenses as requested by the IRP without in any manner utilizing any of the funds of the Corporate Debtor. xi. Let the IRP submit a further Status Report within six weeks from today regarding Eco Village II Project and all other projects. xii. The Parties are at liberty to file an I.A. for any direction/clarification in the above regard. xiii. List this Appeal on 27th July, 2022." 2.2. It is to be noted that against the order dated 10.06.2022, an appeal was filed in the Hon'ble Supreme Court in which appeal, an interim order came to be passed on 11.05.2023. By order dated 11.05.2023, the Hon'ble Supreme Court observed that the order dated 10.06.2022 passed by this Tribunal be implemented. After the order passed by the Hon'ble Supreme Court on 11.05.2023, the proceedings continued in the appeal, this Tribunal permitted the IRP and other stakeholders to come with the proposal for pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies with the conditions imposed by the Hon'ble Court vide Order dated 12.12.2024. (iii) Direct the IRP to Include the Appellant in all Communications with contractors, employees, and vendors, ensuring compliance with the Hon'ble Tribunal's order dated 12.12.2024 and facilitating effective supervision; (iv) Direct the IRP to comply with the Orders of the Hon'ble Tribunal, specifically regarding the continuation of work on the project sites and the maintenance of the Corporate Debtor's operational status; (v) Direct the IRP to immediately clear and dispersed dues of all the employees, vendors and contractors who are actively working on site; (vi) Pass any other interim reliefs as this Hon'ble Appellate Tribunal deems fit and proper in the facts and circumstances of the instant case." 4. We have heard Shri Abhijeet Sinha, Learned Senior Counsel for the Applicant and Shri Nakul Diwan, Learned Counsel for the IRP. 5. Shri Abhijeet Sinha, Learned Senior Counsel submits that under the order dated 12.12.2024, this Tribunal had directed the NBCC to undertake construction of 16 projects. There are other ongoing projects of the corporate debtor. Apart from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eps for keeping the corporate debtor as a going concern. Order dated 12.12.2024 having been stayed by the Hon'ble Supreme Court, we are of the view that all parties are to act in accordance with the earlier order dated 10.06.2022 passed by this Tribunal till any further orders are passed by the Hon'ble Supreme Court. We, thus, are of the view that IA No.307 of 2025 filed by the Appellant need to be disposed of with following directions: - (i) All projects of the corporate debtor are under the supervision of the IRP. It is the IRP who has to take steps regarding carrying out the construction and taking all necessary steps with the projects of the corporate debtor with the assistance of the appellant, its officers and employees. 8. The order dated 10.06.2022 passed by this Tribunal still being in operation, all concerned including the IRP has to take steps in accordance with the directions till any further orders are passed by the Hon'ble Supreme Court. With regard to salary of employees and those of vendors, there are separate applications filed in which we shall notice the submissions and necessary direction while considering the said applications. IA No.307 of 2025 is disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Hon'ble National Company Law Appellate Tribunal, Principal Bench, New Delhi in I.A. No. 6557 of 2024 in Company Appeal (AT) (Ins) No. 406 of 2022; and D. To admit and allow the present I.A. and issue necessary directions to the IRP to allow removal of construction materials lying on the site, inclusive of perishable items cement, chemicals etc. and iron, tools, equipment, plants & machineries which belong to the operational creditors/vendors; and E. To admit and allow the present I.A. and issue necessary directions to the IRP to certify all running bills submitted by the operational creditors, including those incurred during the Corporate Insolvency Resolution Process (CIRP); and F. To admit and allow the present I.A. and issue necessary directions to the Interim Resolution Professional (IRP) to make payment of all idle charges and rental charges incurred by the operational creditors due to the prolonged holding of tools, equipment, plant and machinery at the project sites and treating these expenses as part of the Corporate Insolvency Resolution Process (CIRP) costs under the provisions of the Insolvency and Bankruptcy Code, 2016; and G. To admit and allow the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for such verification was as follows: a. All work carried out by the vendors was after issuance of a work order by the Corporate Debtor signed by the project director/site team to the concerned vendor. b. After completion of the work, the vendor would raise a bill and submit it to the project director, who would then confirm/validate the work done as per the work order issued by the Corporate Debtor. c. After the validation of the bill, the finance controller of the Corporate Debtor will verify the invoice and create a note for approval, which is sent to various departments along with all the supporting documents. This note for approval along with supporting documents will then simultaneously be submitted to the project management consultant for further verification, after which the said verified bill is recorded in the SAP system of the Corporate Debtor. Once recorded in the SAP software, the bill is sent for final verification and payment. d. On the above-mentioned process, there have been delays/ non-submission/non-verification at multiple levels owing to which the bills have not been verified/ being reflected in SAP and reconciliation etc. is pending." 14. It is submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 024 having been stayed by the Hon'ble Supreme Court on 25.02.2025, we are of the view that the process of payments to the vendors, suppliers, operational creditors which was being undertaken by the IRP should be continued in the same manner and process. We clarify that for verification of the bills, the same process shall be followed which was being carried on till the order dated 12.12.2024 passed. Counsel for the IRP has categorically stated that no new mechanism for verification of the bills is being adopted nor shall be implemented and verification of the bills shall be carried out as per the process which was being adopted. In view of the submissions of the counsel for the parties and suggestions given by the parties, we dispose of IA No.862 of 2025 with following directions:- (i) The IRP shall verify/finalise the bills received from vendors/operational creditors as per the process which was being adopted prior to passing of the order dated 12.12.2024. (ii) Vendors/operational creditors who have not submitted their bills may submit their bills within period of two weeks from today so as to begin the process of verification at an early date. (iii) IRP who is carrying his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the Appellant that salary is due from the month of September 2024 to the employees. 3. Learned Sr. Counsel Mr. Diwan submits that with regard to salary for December, instructions have been issued for bank transfer and for January salaries, the processing is being made. He has submitted that he has taken the matter to the ACC and the certain recommendations has been made. 4. Appellant objects that the matter of salary need not be taken to the ACC. 5. In view of the aforesaid, we direct the salary for the month of December to be released within one week from today i.e., by 17.02.2024 and with regard to salary for January as submitted by IRP the processing may be done and as early as possible the salary for January may also be released. 6. Rejoinder to the Application may also be filed before the date fixed. 7. It goes without saying that personal head, the HR Mr. Arun Mathur may extend his cooperation and ensure that salary may be released within a week. List this Application on 18th February, 2025 at 02:00 PM." 20. Counsel for the IRP submits that in pursuance of the order passed by this Tribunal, salary for December 2024 has been paid to the employees of the cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de its order dated 12 December 2024 and provide all requisite documents, information and infrastructural support sought by the Applicant on behalf of the ACC to implement the order dated 12 December 2024 passed by this Hon'ble Tribunal. (ii) Direct the Respondent No.3 and its members to immediately vacate the projects occupied by them and ensure peaceful handover of the projects of the Corporate Debtor covered under the order dated 12 December 2024 to the Respondent No.4, in order to ensure compliance with the directions contained in the order vis-à-vis achievement of Day Zero conditions set out thereunder. (iii) Direct the Respondent No.2 to provide suitable assistance to the Applicant in the discharge of its duties as the IRP of the Corporate Debtor by providing requisite security arrangements to the Applicant, ACC and PWCC members, as well as for the project sites of the Corporate Debtor as and when requested to ensure compliance with the NBCC Approval Order and the timelines contemplated thereunder. (iv) Pass any such further or other orders/directions as this Hon'ble Appellate Tribunal deems fit and proper in the facts and circumstances of the case." 25. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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