TMI Blog2021 (2) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... t and also did not brought the fact before the Appellate Tribunal that he is proxy counsel. The argument of the RP that the counsel was proxy counsel and he was not authorised, is an after thought. Further the RP has not made any complaint against the counsel Mr. Rituraj Biswas to the Bar Council of India. Petition dismissed. - I.A. NO.3049 OF 2020 IN COMPANY APPEAL (AT)(INSOLVENCY) NO.631 OF 2020 - - - Dated:- 29-1-2021 - (Justice Venugopal M) Member (Judicial) , (Mr. Balvinder Singh) Member (Technical ) And (Dr. Ashok Kumar Mishra) Member (Technical) For the Appellant: Mr. Ashok Juneja and Mr Kumud Shekhar for RP. For the Respondent: Mr. Vikas Singh, Sr. Advocate with Mr. Lakshay Dhamija and Pawanjit Singh Bindra, Advoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extent of ₹ 2,28,500/- (3) Clause C Expenses (Ratified in 2nd COC) only to an extent of ₹ 47,353/- and in respect of (4) Clause D Expenses Insolvency Professional Entity Charges (Ratified) limited to an extent of ₹ 1,00,000/- and in respect of (5) Clause E Expenses Resolution Professional Fess(Ratified) is restricted to ₹ 2,50,000/- only. For determining the aforesaid amounts, the Learned Sr. Counsel appearing for the Appellant as well as the Learned Counsel for the 1st Respondent has agreed and upon acceptance this Appellate Tribunal, to prevent an aberration of Justice and to secure the ends of Justice directs the Appellant to make the aforesaid payments by 14th August, 2020. Before parting with the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 420 of the Companies Act, 2013 and the same is not maintainable as there is no mistake apparent on the fact of record for which RP is seeking amendment. Learned counsel stated that the rectification of order as per Rule 154 of the NCLT Rules 2016 provides for any clerical or arithmetical mistakes in the order which is not the case of the RP in the entire application. Learned counsel further stated that the present application is the classic example of greediness of RP to extort more money from the Corporate Debtor despite entire proceedings of CIRP against the Corporate Debtor been put to rest vide order dated 9.9.2020. Learned counsel for the Corporate Debtor further submitted that no affidavit has been filed on behalf of the Mr. Rituraj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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