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2021 (1) TMI 1177 - Tri - Insolvency and BankruptcyFixation/ratification of the fees of IRP/RP - Commercial wisdom of COC - HELD THAT:- Fixation of fee is not a business decision depending upon the commercial wisdom of the Committee of Creditors - going by the aforesaid rationale it is amply clear that fixation of the fees of IRP/RP does not come within the domain of the Commercial wisdom of COC and, hence is justiciable. The aspect of ascertaining fees of IRP/RP is strictly guided by the mandate and parameters provided by the IBBI vide its circular dated 12.06.2018 bearing number IBBI/IP/013/2018. The fixation of fee is not a commercial wisdom of the CoC. Hence, respondent no. 2 is directed to ratify the IRP fee claimed by the applicant/IRP to the tune of ₹ 2,10,000/- and reimburse the same - Application allowed.
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