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TMI Blog2022 (12) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocates for CD, Respondent in IA No. 313/2021. ORDER Justice Anant Bijay Singh; This instant Application has been filed by the Applicant against the non-compliance of the impugned order dated 06.01.2021 passed by the National Company Law Tribunal, New Delhi, Principal Bench under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for short IBC) read with Order dated 03.02.2020 passed by the National Company Law Appellate Tribunal in I.A. No. 1344 of 2020 filed by the Interim Resolution Professional whereby the Adjudicating Authority directed the Corporate Debtor -Krishna Estate Developers Private Limited to pay the balance amount of fees and expenses of Interim Resolution Professional. The instant Application i.e. I.A. No. 313 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pay the same, in time as may be specified. In default IRP/RP may move this Tribunal to consider recalling present Orders. The Appeal is disposed accordingly." 2. In this case the Applicant was appointed as Interim Resolution Professional ("the IRP") in case of Krishna Estate Developers Private Limited by the Adjudicating Authority on 04.01.2020. Thereafter, this Tribunal vide order dated 23.01.2020 has directed Mr. Gajender Sharma, the suspended Director to handover the assets and records of the Corporate Debtor to Interim Resolution Professional immediately. The IRP has constituted Committee of Creditors on 22.01.2020 consisting of two Operational Creditors i) Orient Bell Limited, 12.14% voting and ii) Somany Ceramics Limited, 87.86% ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A No. 1344 (PB) of 2020 by the Applicant (Ex- IRP) and directed Corporate Debtor to pay the balance amount of Rs. 3,67,810/- to the IRP. 4. Further, on 16.01.2021, the Applicant sent a Legal Notice issued by Advocate Manoj Kumar Garg to the Directors and Corporate Debtor by email and by Registered Post. Thereafter, the Applicant received reply Mr. Siddarth Sangal, Advocate of Corporate Debtor & Directors of Corporate Debtor on 25.01.2021. He questioned about the fee and said that no payment is due. The Operational Creditor had given a sum of Rs. 2,00,000/-, there is no clause in settlement deed which enumerates that settlement deed covers the amount paid by Operational Creditor. Thereafter, the Applicant approached this Tribunal through in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2020, where was the occasion for the IRP to file any application before the Tribunal and if it did file the application, the Respondents cannot be burdened for the same because no amount whatsoever was demanded by the IRP from the Respondents post 03.02.2020 and before filing the application before the Tribunal. The matter has been settled with the creditors in total for around Rs. 26 lakh and also getting the CIRP set aside within 30 days, the Respondents have to further pay Rs. 5,87,650/- towards the IRP fees and costs, then the same is arbitrary and not a happy situation at all. After the order dated 06.01.2021 passed by the Tribunal, the IRP, arbitrarily, issued a Legal Notice dated 16.01.2021 to the Respondents demanding a further Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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