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2022 (6) TMI 11 - AT - Insolvency and BankruptcyQuantification of CIRP cost - Seeking a declaration that monthly fees payable to the Applicant under the Service Agreement for the relevant period shall form part of the CIRP costs in terms of the IBC - HELD THAT:- The Resolution Plan contemplated that if the CIRP cost exceeds the current estimates, the excess amount as per actuals would be borne by the Successful Resolution Applicant subject to a maximum of Rs.475 Crores. Thus, payment of the CIRP costs which was not included in the estimates under the Resolution Plan was also contemplated upto Rs. 475 Crores. Unfortunately, at the time of hearing of the Appeal, the aforesaid clauses (g) and (h) of the Resolution Plan were not brought into the notice of this Tribunal. This Tribunal has clearly laid down that findings on questions of fact, how-so-ever erroneous cannot be allowed to be questioned. However, mistake which have due to oversight, inadvertence or human error can be corrected. Further it was held that it would be open to correct the conclusion if the same is not compatible with the finding recorded on the issues raised. In exercise of jurisdiction of this Tribunal under Rule 11 of the NCLAT Rules, present is a fit case where judgment dated 06.05.2022 needs correction and clarification - impugned order is set aside - application allowed.
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