Aditya Birla Money Limited vs Vijendra Bangar

Present: For Appellant: Though appeared but not marked attendance For Respondent: None

ORDER

04.07.2023: IA No. 2551 of 2023 - This is an application praying for

condonation of delay of 117 days in refilling the appeal. The ground taken in the

application is that the Board Resolution 02.02.2014 was not available in

Chennai Office of the Appellant Company and it took time to obtain sub-

delegation.

2. It is submitted that there was an authorized signatory available only on

29.03.2022. Sufficient cause has been shown for condoning the delay in refilling

the appeal, the delay is condoned.

3. This appeal has been filed against the order dated 09.12.2022 passed by

the Adjudicating Authority on IA No. 113/2021 filed by the IRP.

4. By the impugned order, the Adjudicating Authority has directed for

payment for an amount of Rs. 5,80,066/-.

Company Appeal (AT) (Ins) No. 774 of 2023 & I.A. No. 2603, 2551 of 2023

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5. The Appellant challenging the order contended that the Appellate Tribunal

has passed order on 28.02.2021 directing the IRP not to constitute the CoC. The

Appellate Tribunal ultimately decided the appeal on 18.03.2021. In pursuance

of the order dated 18.03.202, the IRP has filed the application.

6. Learned Counsel for the Appellant submits that Appellant has also paid

an amount of Rs. 2 lacs and no further amount ought to have directed for

payment.

7. We have considered the submission of the Learned Counsel for the

Appellant and peruse the records.

8. This Tribunal in its order dated 18.03.2021 by direction C, issued the

following direction:-

"(C) The IRP/RP will place particulars regarding

CIRP costs and fees before the Adjudicating Authority

and the Adjudicating Authority after examining the

correctness of the same, will give directions regarding

payment, as per provisions existing under IBC.

The Appeal is disposed accordingly. No Costs."

9. It was in pursuance of the direction of this Tribunal that IA was filed by

the IRP and IRP before the Adjudicating Authority gave details of the work which

has been performed by the IRP and which has been noticed in paragraph 9 of

the order.

Company Appeal (AT) (Ins) No. 774 of 2023 & I.A. No. 2603, 2551 of 2023

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10. After considering the entire facts and the circumstances, the Adjudicating

Authority has directed the payment of minimum fee to the IRP. The details of

CIRP expenses have been noted in paragraph 12 in a tabular form. We are of

the view that the Adjudicating Authority has taken due consideration of all

materials on record and has rightly issued the direction for payment of Rs.

5,80,066/-. We do not find any good ground to interfere with the order

impugned, the appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

ss/nn

Company Appeal (AT) (Ins) No. 774 of 2023 & I.A. No. 2603, 2551 of 2023

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