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Judgment
O R D E R
01.06.2023: I.A. No. 2514 of 2023: This application has been filed by Mr. Kairav Anil Trivedi, IRP, praying for following reliefs:
“Prayer:-
23.It is humbly prayed that before passing the order for withdrawal of CIRP:-
a. The to rectify the apparent mistake from the records in the order by directing to the CD that the CIRP expenses and fees of the IRP for the past 2 months of CIRP (ie. from the date of CIRP order (01/03/23 till the date of this appellate Tribunal order (28/04/23) be paid to the IRP within 7 days of this hearing by the appellant before hand over of the CD by IRP and completion of the closure process of this CIRP by the IRP.
b. The IRP to confirm the receipt of the CIRP fees and expenses before initiation of the closure of the CIRP process as per the directions of this Hon'ble Appellate tribunal by written confirmation of receipt of CIRP foes and expenses.
c. Pass such other order / directions as this Hon'ble Bench may deem fit and proper based on the facts and circumstances of this case.”
Application under Section 7 filed by State Bank of India was admitted by the Adjudicating Authority by order dated 01.03.2023, against which this Appeal was filed by the Suspended Director of the Corporate Debtor on which following order was passed on 17.03.2023:
“O R D E R
17.03.2023: Learned counsel for the parties prays for two weeks’ time to file their short notes of submission alongwith relevant judgments relied by them. List this Appeal on 11.04.2023. Till the next date, CoC in pursuance of the impugned order shall not be constituted.”
The IRP has come up in this application saying that there has been mistake in the order passed by this Tribunal in not directing for payment of IRP fee.
By the order dated 01.03.2023, the Adjudicating Authority has already directed the Financial Creditor to deposit Rs.5 Lakhs amount towards initial CIRP cost by way of a Demand Draft. The Applicant, who is present in person submits that the said amount has been Received by the Applicant. IRP submits that as per the IBBI circulars and State Bank of India appointment letter, he is entitle for more amount.
We are of the view that if the applicant is still aggrieved and has any fee which he can claim against the Financial Creditor, it is open for the applicant to file an application before the Adjudicating Authority, which may be considered and decided after hearing the parties. We make it clear that the Applicant can have no claim against the Corporate Debtor since the order admitting Section 7 application has been set aside by order passed by this Tribunal. With these observations, the application is disposed of.