TMI Blog2020 (10) TMI 684X X X X Extracts X X X X X X X X Extracts X X X X ..... , wherein, CoC resolved that the expense pertaining to resolution costs amounting in aggregate to ₹ 12,12,831.00 be and hereby ratified and approved . This Adjudicating Authority is of the considered view that CoC consisting of both the Kotak Resources and ARCIL are responsible for the reimbursement of the CIRP cost to the RP in the equal proportion - this Bench hereby, orders both the members of the CoC to reimburse the CIRP cost of ₹ 12,12,831.00 in equal proportion to the RP within 15 days from the receipt of this order. Application disposed off. - I.A. No. 409 of 2019 in CP(IB) No. 200 of 2017 - - - Dated:- 24-2-2020 - Manorama Kumari , Member ( J ) And Chocklingram Thirunavukkarasu , Member ( T ) For the App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by this Bench. The Hon'ble NCLAT vide its order dated 29.08.2018 allowed the said Company Appeal. The relevant paragraph of the aforesaid order is reproduced herein under for the sake of brevity. In effect, order(s) passed by the Adjudicating Authority appointing 'Resolution Professional', declaring moratorium and all other order(s) passed by the Adjudicating Authority pursuant to impugned order and action taken by the 'Resolution Professional' inc hiding the advertisement published in the newspaper calling for applications and all such orders and actions declared illegal and are set aside. The application preferred by the 1st respondent under section 7 of the I B Code is dismissed. Learned Adjudicating Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perusal of the records, it is found that ARCIL was part of the CoC. When CoC was constituted by the RP, the ARCIL was included in the CoC on his consent and always remained present in the meeting of the CoC. 7. On further perusal of the records, it is observed that, CoC which consists of Kotak Resources and the ARCIL, ARCIL too ratified the CIRP cost of ₹ 12,12,831.00 in its meeting held on 07.08.2018. Accordingly, ARCIL cannot retract from their consent which is/was admission on their part. The said fact is reflected from resolution dated 07.08.2018 at page No. 94 of the petition, wherein, CoC resolved that the expense pertaining to resolution costs amounting in aggregate to ₹ 12,12,831.00 be and hereby ratified and approv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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