Tribunals and CommissionsDivision Bench(2023) 02 NCLT CK 3229

BDR Builders and Developers Pvt. Ltd vs Shilpi Cable Pvt. Limited

National Company Law Tribunal · Decided on 7 February 2023

HON’BLE JUDGES
Ramalingam Sudhakar, President · Avinash Kumar Srivastava, Member (Technical)
CASE NUMBER
(IB)-461(PB)/2017

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Judgment

14 paragraphs · 245 words

IA-5181/2020

Notice of the application be issued to the respondent(s)/non-applicant(s), returnable on 10.03.2023.

IA-2086/2021

Ld. Counsel for the applicant appears.

Notice in the application is already issued.

Await the appearance of the Respondent.

List the matter again for a physical hearing on 10.03.2023.

IA-2099/2021

This is an application filed by Mr. Sudhir Kalra, erstwhile RP for seeking the following relief:

“a. Direct the Respondent No. 1, Liquidator of the Corporate Debtor, to release the pending dues amounting to INR 14,00,000/- towards the fees of the Resolution (Professional from the period 14 January 2019 to 13 August 2019; and

b. Pass any such or other order as this Hon'ble Tribunal may deem fit.”

The fee of the Resolution Professional for the period 14 January 2019 to 13 August 2019 is pending. The reason for the same is stated by the Ld. Counsel Mr. Soumya Kapur for the RP who seeks to prosecute this application on the grounds that after the CIRP period had expired, the order of this Adjudicating Authority to commence liquidation proceedings was obtained after a delay of seven months. In this period the CoC apparently was not functus officio. He, therefore seeks payment of this claim from the Liquidator of the Corporate Debtor.

We deem it appropriate to refer the matter of payment of the due of the erstwhile RP, if any to the IBBI for passing the necessary order in the matter.

Accordingly, the application stands disposed of in the above terms.