The NCLAT dismissed an appeal challenging procedural aspects of ...

Appeal Dismissed: Challenging Liquidator Fee Determination Procedure Without Contesting SCC's Actual Decision Deemed Premature

March 15, 2025

Case Laws IBC AT

The NCLAT dismissed an appeal challenging procedural aspects of liquidator fee determination without contesting the Stakeholders' Consultation Committee's (SCC) actual decision on the matter. The Tribunal held that challenging the procedure without challenging the consequential decision rendered the appeal premature and untenable. The appellant had questioned the Adjudicating Authority's directive for the SCC to determine liquidator remuneration and incidental charges, but failed to challenge the SCC's subsequent decision dated 09.01.2025. The NCLAT concluded that no cause survived regarding the impugned order's directions, as the unchallenged SCC determination had already addressed the liquidator's fees and liquidation costs.

View Source

← Previous Next →

The NCLAT dismissed an appeal challenging procedural aspects of ...

Appeal Dismissed: Challenging Liquidator Fee Determination Procedure Without Contesting SCC's Actual Decision Deemed Premature

March 15, 2025

Case Laws IBC AT

You may also like:

Fixation of remuneration of liquidator - The Appellate Tribunal recognized the efforts made by the liquidator in attempting to manage the corporate debtor's affairs...

Rule 22 of CESTAT (Procedure) Rules, 1982 governs abatement of appeals in case of liquidation proceedings. The appellant company faced recovery of irregular CENVAT...

Appellant challenged the auction sale of shares by the Liquidator, claiming undervaluation and lack of proper valuation, as shares were sold only at book value despite...

NCLAT dismissed appeal concerning liquidator's fee payment under IBC 2016. Secured creditor (Bank) opted to realize security interest under SARFAESI Act without...

Dismissal of appeal for non-prosecution by CIT(A) - documents were e-filed - dismissed on the grounds that the impugned assessment order, demand notice and challan of...

CIT(Appeals) dismissed assessee's appeal for non-prosecution despite assessee being afforded multiple opportunities to participate. However, CIT(Appeals) failed to...

Appellant's challenge to Liquidator's forfeiture of Rs.96 lakh EMD for non-payment of balance amount within stipulated timeline after e-auction of assets was dismissed....

The Tri determined that a liquidator is only entitled to fees for realization and distribution when they have actually performed these functions, per Regulation 4(2)(b)...

The 2003 Policy of the Punjab Government granted exemption from payment of Market fee under Clause (i) of 11.4.2, but did not specifically exempt Rural Development fee....

The CESTAT ALLAHABAD held that the appeal abates u/s Rule 22 of Custom, Excise & Service Tax Appellate Tribunal Procedure Rules, 1982 due to the liquidation order by...

The case involves a challenge to a refund claim for service tax u/s unjust enrichment principles. CESTAT held that refund can only be granted based on the assessment...

The application seeking direction to the liquidator to put on hold the auction of the immovable asset of the Corporate Debtor and consider the proposal to sell the...

The Tribunal examined the issue of availment of concessional rate of duty under Notification No. 68/2012-Cus. dated 31.12.2012 for import of whole arecanut originally...

The petitioner challenged the assessment order solely on the ground of not availing the statutory remedy of appeal. The court held that the petitioner did not file an...

Fixing the fee of IRP - fee of an RP falls under the definition of a ‘Claim’ as defined under the Code or not - The word ‘expenses’ includes the fee to be paid to the...

Quick Updates: