9911796707
TMI Blog2022 (12) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... . In view of the above, there is no occasion to move the application before this Tribunal for non-compliance of the order passed by the NCLT. Therefore, the instant application i.e. I.A. No. 313 of 2021 is hereby dismissed. - I.A. No. 313 of 2021 IN Company Appeal (AT) (Insolvency) No. 119 of 2020 - - - Dated:- 6-12-2022 - [Justice Anant Bijay Singh] Member (Judicial) And [Ms. Shreesha Merla] Member (Technical) For the Applicant : Mr. Pulkit Atal, Advocates for Ex-IRP in IA No. 313/2021. Mr. Rakesh Kumar Jain, Ex- IRP. For the Respondent : Mr. Ritesh Khare, Mr. Siddharth Sangal and Mr. Akhilesh, Advocates for CD, Respondent in IA No. 313/2021. ORDER Justice Anant Bijay Singh; This instant Application has been f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd action taken by the Resolution Professional , including the advertisement published in the newspaper calling for applications all such orders and actions are declared illegal and are set aside. The application preferred by the Respondent under Section 9 of the I B Code is disposed of as withdrawn. The Adjudicating Authority will now close the proceeding. The Corporate Debtor is released from all the rigour of law and is allowed to function independently through its Board of Directors. IRP/RP may place particulars of CIRP costs and fees before Adjudicating Authority who will consider the same and direct Corporate Debtor to pay the same, in time as may be specified. In default IRP/RP may move this Tribunal to consider recalling prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t between the Corporate Debtor and Applicant, further IRP was directed to place particulars of CIRP costs and fees before the Adjudicating Authority for consideration. In case of default to pay the CIRP costs, the IRP was given the option to move this Tribunal to consider recalling its order dated 03.02.2020 (Annexure-VI at page 97 to 101 of the application). Thereafter, the IRP made an application bearing no. IA No. 1344(PB) of 2020 in CP (IB) No. 2131 (PB)/2019 before the Tribunal for consideration of his fees and expenses as IRP on 17.02.2020. After hearing the parties, the Adjudicating Authority vide order dated 06.01.2021 allowed IA No. 1344 (PB) of 2020 by the Applicant (Ex- IRP) and directed Corporate Debtor to pay the balance amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set-aside and all actions were of the IRP were set aside by this Tribunal on 03.02.2020, therefore, the IRP is not entitled to any expenses or fees for the period post 03.02.2020. The IRP is claiming an amount of Rs. 5,87,560/- without adjusting Rs. 2 lakhs in the claimed amount which already stood paid to him, despite the fact that no one has claimed the said amount from him, which substantiates the claim of the Respondents that these Rs. 2 lakhs have already been taken by the Operational Creditor from the Respondents as part of the settlement amount. 6. It is further submitted that the balance amount of Rs. 1,35,000/- stood paid to the IRP on 15.02.2020, where was the occasion for the IRP to file any application before the Tribunal and ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
