Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (12) TMI 1273

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... umar Bhola, Member (T) For the Appellant : Mayuri Raghuvansh and Yash Aggarwal, Advocates For the Respondents : Sanjay Jain and Ishita Jain, Advocates ORDER Bachu Venkat Balaram Das, Member (J) 1. The instant Application has been filed by erstwhile liquidator of M/s. Newgen Speciality Plastics Ltd., (CD) appointed by this Tribunal vide order dated 06.01.2020 seeking directions to Respondent N .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... filed a response to the said application filed by former Liquidator. He has submitted that the claim of present Applicant for payment of professional fee was placed before the 5th CoC meeting held on 19.06.2019 and in the Resolution same meeting which was held that Liquidator's fee will be as prescribed in the fee table under Regulation 4(3) of the IBBI (Liquidation Process) Regulations, 2016 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... eld on 19.03.2021 and 17.06.2021. 4. Admittedly, the present Applicant was appointed as a Liquidator and functioned as such from 06.01.2020 to 06.01.2021. An amount of Rs. 28,42,452/- was also reimbursed to him for the expenses incurred by on various acts during his tenure as a liquidator. It is further seen from the records that this Tribunal while passing the order of Liquidation dated 06.01.20 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the restrained order passed by the Hon'ble Appellate Tribunal he could not liquidate any of the assets of the Corporate Debtor and for that reason he cannot be denied of legitimate fees. We find force with the contention of the Applicant/erstwhile liquidator. Having considered the submissions made by the parties and the directions given by this Tribunal vide order dated 06.01.2020 while passi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates