Tribunals and CommissionsDivision Bench(2020) 09 NCLT CK 0528

Rahul Mittal vs BR KohliBuildtechPvt. Ltd.

National Company Law Tribunal · Decided on 30 September 2020

HON’BLE JUDGES
Dr. Deepti Mukesh, Member (Judicial) · Ms. Sumita Purkayastha, Member (Technical)
CASE NUMBER
IA No.- 4105/2020 in IB-1583/ND/2018

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Judgment

7 paragraphs · 201 words

ORDER

IA No. 4105/ND/2020: Application filed for urgent listing of IA No. 1269/ND/2020. Application is allowed and disposed of.

In the meantime, Learned Counsel for the Operational Creditor and Learned Counsel for the IRP are directed to co-ordinate, cooperate and resolve the issue of payment of fees of IRP. The issue of deciding the issue of quantum of fees of IRP vis-a-vis amount of work done, and number of days of CIRP period are time and again coming before us. These issues are to be agitated and settled before the appropriate forum who controls the functioning of IRPs/RPs/Liquidators and is the Supervisory Body. Due to such types of applications regarding IRP/RP fees in almost all the matters, the adjudication of main matters requiring to decide the issues on point of law are delayed.

We recommend that these kinds of issues should be referred to IBBI for appropriate quantification with respect to the work and fees to be charged by IRP/RP.

We expect that IBBI will take a note and same guidelines for fees of IRP/RP to be charged in proportion to the work done.

Let copy of this order be sent to IBBI by Registry.

List IA No. 1269/ND/2020 on 07.10.2020.