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2021 (8) TMI 1346 - NATIONAL COMPANY LAW TRIBUNAL KOLKATANon-payment of fees of the RP - It is submitted that the CoC had approved the fees of the Interim Resolution Professional at Rs.2,50,000/-per month and the Resolution Professional had also proposed his fees at Rs.2,50,000/- per month - HELD THAT:- On perusal of the minutes of the 3rd CoC meeting held on 10.07.2020, it is seen that the CoC had raised concern that the fee proposed by the Resolution Professional and stated that it was on a higher side - The Resolution Professional has discharged his duties according to section 27 of the Code from 31.12.2019 till the date the Corporate Debtor was ordered to be liquidated i.e., 18.03.2021. The Resolution Professional has performed his functions as prescribed and has invited prospective Resolution Applicants and had submitted the Resolution Plan submitted by the promoters for consideration before the CoC. The Resolution Professional has more responsibilities and duties than the Interim Resolution Professional. We are of the view that it is irrational on the part of the CoC to approve the fee of the Interim Resolution Professional at Rs.2,50,000/- per month but refuse payment to the Resolution Professional at par with the Interim Resolution Professional - The CoC has failed to provide any alternative fee structure also. It is not expected that the Resolution Professional shall have to forgo his fee solely on the account of the fact that the CoC has not approved the fee. The CoC has also not cared to enter appearance in the matter before this Adjudicating Authority in spite of notice. A payment of Rs. 15,00,000/- directed as a consolidated fee to the Resolution Professional for the entire CIRP period. This shall be paid within a period of two weeks from today. Application disposed off.
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