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IBC - Highlights / Catch Notes

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Fixation of remuneration of liquidator - The Appellate Tribunal ...

Insolvency and Bankruptcy

April 15, 2024

Fixation of remuneration of liquidator - The Appellate Tribunal recognized the efforts made by the liquidator in attempting to manage the corporate debtor's affairs under challenging circumstances, including legal efforts to vacate asset attachments and manage stakeholder relations. However, it ultimately held that the liquidator’s remuneration could not be dissociated from the actual realization of assets, as prescribed by the IBBI regulations. - The appeal was dismissed on these grounds, reinforcing the principle that liquidator fees should be strictly tied to the effective realization of assets, not merely the efforts or time spent managing the debtor’s affairs without corresponding financial results.

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