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2023 (10) TMI 356

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..... l) And [Naresh Salecha] Member (Technical) For the Appellants : Mr. Avrojyoti Chatterjee, Mr. Rajiv S. Roy, Ms. Jayasree Saha, Mr. Siddharth, Mr. Zoheb Khan, Advocates For the Respondent : Mr. Abhinav Tyagi, Adv. for R2Mr. Alok Kumar K., Advocate for R1 (IRP) ORDER Per: Justice Rakesh Kumar Jain : (Oral) This appeal is directed against the order dated 29.03.2023 passed by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench, Bench II) whereby an application bearing IA (IB)/537/KB/2023 filed in CP (IB) No. 1986/KB/2019 by the IRP of McLeod Russel India Limited (Corporate Debtor) under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (in short Code ) r/w Regulation 33 of Insolvenc .....

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..... idavit has been filed by the Appellant whereby an Agreement between the parties dated 05.05.2023 has been brought on record. It is submitted that in the agreement there are certain portions which are redacted at the instance of the Respondent for the commercial reasons. Learned Counsel for the Respondent, however, submits that the Financial Creditor has already settled the matter and there are no issues between the parties. He only submits that in the event of default, liberty be given to revive the appeal. Learned Counsel for the IRP submits that certain dues have not yet been paid. Learned Counsel for the Appellant has submitted that considerable amount of expenses has been paid and if any amount is unpaid, that shall be .....

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..... of the Corporate Debtors. c. Pass Necessary directions to the extent that the following payments may be made by the Financial Creditor for the first month of CIR Process and thereafter from the funds of the Corporate Debtor: i. Payment of fees and costs and expenses incurred/to the incurred by the IRP/Applicant in relation to running the Corporate Debtor and discharging his obligations under the Code. ii. Payment of fees and costs and expenses incurred/to be incurred by the IRP/Applicant in relation to engaging professionals for providing assistance/support in discharging his obligations under the Code. iii. Payment of costs and expenses incurred or to be incurred from time.by the IRP/Applicant on account of engaging .....

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