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TMI Blog2025 (1) TMI 1324X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Central Bank of India and Arrow Engineering Ltd. that Corporate Debtor is not running as a going concern, hence no payment be directed towards the salary as claimed by the RP. Learned Counsel has also relied on the Judgment of the Hon'ble Supreme Court in the matter of Sunil Kumar Jain & Ors. Vs. Sunaresh Bhatt & Ors. [2022 (4) TMI 888 - SUPREME COURT] to support his submission that unless the employees have worked during CIRP period, no CIRP cost be paid. The new RP may incur expenses which are absolutely necessary for maintaining the Corporate Debtor i.e., security expenses, expenses which are incurred towards payment to Statutory Auditors, Practicing Company Secretary and as well as the RP which was permitted by the Adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondents : Mr. Krishnendu Dutta, Sr. Advocate with Mr. Pranaya Goyal, Ms. Rati Patni, Mr. Chiranjivi Sharma, Ms. Nehal Gupta, Ms. Sanchi Jain, Ms. Kathleen Lobo, Mr. Chitranshul Sinha, Mr. Sagar Bansal, Mr. Dhruv Parwal and Ms. Alina Mathew, Advocates for R-2 Mr. Abhijeet Sinha, Sr. Advocate with Ms. Sudeshna Guha Roy, Mr. Syamantak Sen, Mr. Treenok Guha, Mr. Anup Deshmukh and Mr. Pranav Parikh, Advocates for Sheth Developers ORDER ASHOK BHUSHAN , J. This Application by the new RP appointed by the Impugned Order dated 13.05.2024 has been filed praying for following reliefs : "a. Allow the present application; b. Permit the applicant to manage the operations of the corporate debtor as a going concern and also permit the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 14.08.2024. 3. The Application is opposed by the Central Bank of India and Arrow Engineering Limited who has also filed Reply to the I.A. It is submitted by them that no direction be issued to make any payment. It is submitted that all payments are required to be approved by the CoC, hence the existing CoC be directed to vet the claims and expenses. It is prayed that the Appeal itself may be finally decided. 4. Learned Counsel appearing for Suraksha Reality Limited and Sheth Developers Pvt. Ltd. submit that expenses as prayed be allowed subject to ratification by reconstituted CoC. 5. We have considered the submissions of the Counsel for the Parties and perused the Application and the Reply filed therein. 6. The present Appeal as w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be taken. Ex-management & Employees of the corporate debtors as well as earlier RP shall assist for completion of the compliances. Application is disposed of accordingly." 8. It is disputed by Counsel for the Central Bank of India and Arrow Engineering Ltd. that Corporate Debtor is not running as a going concern, hence no payment be directed towards the salary as claimed by the RP. Learned Counsel has also relied on the Judgment of the Hon'ble Supreme Court in the matter of 'Sunil Kumar Jain & Ors.' Vs. 'Sunaresh Bhatt & Ors.' reported in AIR 2022 SC 1985 to support his submission that unless the employees have worked during CIRP period, no CIRP cost be paid. 9. We have already directed the Appeal to be listed 'For Hearing' on 31.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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