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2021 (2) TMI 1230 - Tri - Insolvency and BankruptcyInvoluntary sale/assignment of the Corporate Debtor's residuary leasehold right to the applicant - transfer fee is payable or not - HELD THAT:- Since there is already an order dated 10/08/2020 passed by the West Bengal Authority for Advance Ruling and the same has not been appealed against so far, payment of transfer fee and other applicable charges to WBIDC, shall have to be made. No exception to this or waiver can be granted by this Adjudicating Authority in respect of contractual obligations between WBIDC and the Corporate Debtor. That appropriately lies within realm of Civil Court. Therefore, the issue of waiver from transfer fee shall have to be raised by the applicant before the appropriate forum. Having held that this Adjudicating Authority cannot grant waiver from payment of applicable transfer fees, etc. to WBIDC, the only thing left to be decided in the present IA is the question as to who will bear the cost thereof. Appropriately it should be borne by the applicant concerned since it is the claimant. The applicant is, therefore, hereby directed to pay the applicable fees to the WBIDC, and if so advised, it may choose to file an appeal before the Appellate Authority for Advance Ruling in this regard. Application disposed off.
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