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Judgment
O R D E R
07.12.2022: Heard Learned Counsel for the parties.
This appeal has been filed by the Financial Creditor challenging the order dated 22.02.2022 passed by the Adjudicating Authority in I.A. No. 4227/2022. The I.A. has filed by the Resolution Professional where following prayers were made:-
“ a. Direct Non Applicant No. 1 to 12 to
i.To make payment of their share of the pending CIRP cost as indicated in para 12 of this application and further
ii.Continue to periodically and timely make payment of the recurring CIRP cost.
Or in alternate
b. and pass order/ directions thereby declaring the claims filed by the Non Applicants as rejected/ excluded from the CIRP/ Liquidation Process.
c. and pass such other as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the present case.”
Adjudicating Authority has disposed of the application noticing the submission of the Financial Creditor that they are already making payment of lease rental and further they have no objection for making the payments as prayed.
Adjudicating Authority noticing the submissions issued a direction for payment of remaining amount of the CIRP cost as approved by the CoC.
This appeal has been filed and this ‘Tribunal’ on hearing the appeal has passed an interim order on 08.04.2022 which is to the following effect:-
“Issue notice. Learned counsel appearing for the Resolution Professional accepts notice for Resolution Professional.
Learned counsel for the Appellants submits that CIRP cost of more than 97 Lakhs has already been paid. He further submits that 270 days of CIRP completed on 31.05.2019 and thereafter some litigation regarding liquidation proceedings started, which is still pending. It is submitted that the Resolution Professional is claiming fee for even after said period, which cannot be allowed. It is submitted that the Adjudicating Authority has directed payment of CIRP costs as claimed by the Resolution Professional.
Let a counter be filed by the Respondent within four weeks from today. Rejoinder, if any, be filed within two weeks’ thereafter.
In the meantime, the direction in order dated 22.02.2022 in I.A. No. 4227/2022 shall remain stayed.
List the Appeal on 23.05.2022.”
Learned Counsel for the Appellant has fairly submitted that appellant is not aware of the status of the CIRP although the period of CIRP has long over and with regards to the liquidation also there are some disputes which are pending.
Be that as it may, in view of the fact that Adjudicating Authority directed to pay the CIRP cost as approved by the CoC both the appellants as well as Resolution Professional are at liberty to approach the Adjudicating Authority by making appropriate application for such relief as may be advised, if they are still aggrieved.
I.A. No. 3057 of 2022 has also been filed by Westech Securities Pvt. Ltd. claiming that their claim has not been attended by the Resolution Professional and Resolution Professional has sent a communication dated 02.08.2022 that the matters are pending in the NCLT and NCLAT, hence, after the said issues are decided action will be taken on request of the applicant. In view of the fact that we are disposing of the appeal we permit the applicant to make an appropriate request to the RP. It shall be open for the applicant also to seek appropriate direction from the Adjudicating Authority, if so advised.
With these observations, appeal is disposed of.