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TMI Blog2022 (10) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... h, Member (Technical) ORDER IA No. 953/2020 The present application is filed by erstwhile Resolution Professional of corporate debtor i.e. Mr. Sameer Rastogi seeking direction against the Liquidator to pay the fees of erstwhile Resolution Professional (for the period of 21.12.2018 to 12.02.2019) amounting to Rs. 5,77,102/- as a part of Insolvency Resolution Process under Section 5(13) read with Section 23(1) of Insolvency and Bankruptcy Code, 2016 and further direction to Liquidator to pay the above said amount to erstwhile Resolution Professional before any other amount to be distributed as per Section 53 of the I & B Code, 2016 on priority basis. 2) The brief facts pertaining to the present application submitted by the applicant are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 33 of the Code. The RP continued to manage the operation of corporate debtor upto the date of liquidation order i.e. 12.02.2019. 2.3 It is stated that RP had written to erstwhile CoC regarding the professional fee of RP on many occasions dated 21.02.2019, 06.03.2019, 18.07.2019 and also issued reminder to Liquidator against the unpaid CIRP cost through email on 12.12.2019 and 18.12.2019 and further on 23.12.2019. 3. The respondent-Liquidator has filed its reply vide Diary No. 01539/2 dated 29.11.2021, whereby, the brief facts are stated hereinbelow: 3.1 It is stated by the respondent-Liquidator that the present application is not maintainable on the ground that the applicant-erstwhile Resolution Professional did not make the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of Section 23(1) of the Code, extracted hereinbelow: 23. (1) Subject to section 27, the resolution professional shall conduct the entire corporate insolvency resolution process and manage the operations of the corporate debtor during the corporate insolvency resolution process period. Provided that the resolution professional shall continue to manage the operations of the corporate debtor after the expiry of the corporate insolvency resolution process period, until an order approving the resolution plan under sub-section (1) of section 31 or appointing a liquidator under section 34 is passed by the Adjudicating Authority. In the present case, in the absence of any order from this Adjudicating Authority appointing a li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e CoC as the same was defunct after the initiation of liquidation, and held that; .......in the meantime, the Company has gone to Liquidation, a 'Claim' cannot be preferred by the RP before the Liquidator. Keeping in view the factual matrix of the attendant case, we are of the view that the Adjudicating Authority is empowered under the provisions of Section 60(5) of the Code read with Regulation 33(2) of the CIRP Regulations to fix the fees payable to the Resolution Professional, as pursuant to it directions on 11.02.2019, there was no decision taken. 7. Keeping in view the above observation of the Hon'ble NCLAT and the fact that in the present case, company is already under liquidation, we direct the liquidator to disburse the professi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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