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2020 (1) TMI 1230 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - Whether is there any agreement/documentary evidence to prove the fees structure is agreed between Operational Creditor and Corporate Debtor? - HELD THAT:- There is no agreement between the parties on payment of fee as claimed now. Further, the fee and expenses claimed by the applicant during his tenure as Standing Counsel also do not substantiate his present claim. There were no documents submitted by the applicant to prove that the One Time Settlement was made by his efforts and he is eligible for what he is claiming now - In the absence of any such agreement between the parties, it cannot be concluded that the applicant is eligible for percentage fee structure as claimed now in this application - answered in negative. Whether is there any pre-existing dispute between Operational Creditor and Corporate Debtor in regard to the present claim? - HELD THAT:- The Corporate Debtor contested that even though they have not replied to the Demand Notice within the specific period, it will not take away their right to take plea of 'existence of dispute' before the Adjudicating Authority - We agree with the stand taken by the Corporate Debtor that mere not giving a reply cannot take away their right to take a plea of 'existence of dispute'. Therefore, there is a clear existence of prior dispute regarding fee claimed by the applicant - answered in negative. Whether fee structure under Rule 6 of Rules Regarding Fee Payable to Advocates, framed by the High Court applicable to Original Application filed before a Tribunal? - HELD THAT:- The fee structure mentioned in Rule 6 (2) of the Rules Regarding Fee Payable to Advocates framed by High Court of Kerala for conducting money claims are applicable only to High Courts and Subordinate Courts and not to the Tribunals - answered in negative. The application filed by the Operational Creditor/applicant has fallen flat and cannot be proceeded further in this matter - Application rejected.
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