TMI Blog2021 (3) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... 61 (3) of IBC and continues to agitate claims, discussed in Order dated 17.02.2021 - there are no reason to entertain the present Appeal. Appeal dismissed. - Company Appeal (AT) (Insolvency) No. 170 of 2021 - - - Dated:- 8-3-2021 - [ Justice A.I.S. Cheema ] Member ( Judicial ) And [ Dr. Alok Srivastava ] Member ( Technical ) For the Appellant : Dr. Premvir Kapoor , Mr. Anirudh, Advocates For the Respondent : Mr. Sumesh Dhawan , Ms. Vatsala Kak , Advocates for R-1. Mr. Abhishek Baid , Mr. Viren Sharma , Mr. Kunal Godhwani , Advocates for R-4. Ms. Ankita Bajpai , Advocate ORDER ( Virtual Mode ) Heard Learned Counsel for the Appellant. Learned Counsel submits that this Appeal has been filed as the Appellant was agg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ional. It is stated that the Appellant was entitled to salary during the course of CIRP proceedings as he continued to function as the Vide-President. It is argued that Appellant got salary only for three months during CIRP and thereafter was not paid. 3. Learned Counsel for Respondent No. 1/RP submits that the services of the Appellant were not taken during the CIRP proceedings and such claim was denied. The Learned Counsel for the Respondent No. 1/RP submits that legitimate grievances of the Appellant have been included in the Resolution Plan and also have been duly paid. 4. The Learned Counsel for the Respondent No. 1 referred to earlier Company Appeal (AT) (Insolvency) No. 101 of 2021 (Annexure A11 Page 385) which was filed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondents to include ₹ 44,78,931/- as CIRP costs along with 18% interest till date and further direct the Resolution Professional to pay salary dues (the aforesaid amount) from the reimbursement he has received working as a Resolution Professional of Corporate Debtor. We have also been taken through the grounds taken in appeal but we do not find that any ground has been pleaded to assail the approved Resolution Plan. We also find that the Committee of Creditors has not been arrayed as party Respondent. Since the appeal may be dismissed for technical deficiencies, learned counsel for the Appellant prays that he be permitted to withdraw the appeal with liberty to file fresh appeal keeping in view the grounds set out in Section 61(3) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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