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2020 (10) TMI 13 - 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 - HELD THAT:- The statement of CIRP cost were filed along with the Petition, which says the total CIRP cost is ₹ 37,85,728/- out of which, only ₹ 8 Lakhs towards Interim Resolution Professional fees, ₹ 2,95,000/- towards Resolution Professional (Respondent) and advertisement cost of ₹ 1,36,000/- was paid and the remaining balance of ₹ 25,54,728/- was not paid. Therefore it is not the case of the Applicant alone that the entire claims towards various services rendered during CIRP was not paid. Moreover it is not in dispute that ₹ 50,000/- was paid each of said the valuers, which include the Applicant herein, towards the expenses incurred by them. Since the Hon'ble NCLAT set-aside the order of this Adjudicating Authority and this Hon'ble Tribunal also passed order consequently with regard to the CIRP cost, this Adjudicating Authority cannot entertain this Application and it became functous officio. The instant Application is not maintainable and also lack merits - Application dismissed.
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