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Alok Kaushik Registered Valuer In The ... vs Mrs Bhuvaneshwari Ramanathan ...

National Company Law Appellate Tribunal13 October 2020

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority's dismissal of a claim for further costs, on the ground that the applicant valuer had already been paid Rs. 50,000 and that the application therefore lacked merit, is not to be disturbed on appeal, even though the Adjudicating Authority's observation as to its own jurisdiction is unsupportable, because the outcome rests on the merits of the application and not on jurisdiction.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 857 of 2020IN THE MATTER OF:

Alok Kaushik (Registered Valuer in the CIRP of Kavveri Telecom Infrastructure Ltd.) ....Appellant

Vs

Mrs. Bhuvaneshwari Ramanathan (Resolution Professional in Kavveri Telecom Infrastructure Ltd.) & Ors. ....Respondents

Present: For Appellant: Mr. Rajendra Beniwal, Mr. Kumar Sumit and Mr. Chirag Gupta, Advocates. Mr. Alok Kaushik, Appellant in person. For Respondents: Mr. Rajesh Gautam, Advocate for R-1&2. Ms. Bhuvaneshwari Ramanathan, RP in person.

ORDER

(Through Virtual Mode)

13.10.2020: After hearing learned counsels for the parties, we find that this

Appellate Tribunal while disposing of Company Appeal (AT) (Insolvency) No. 207

of 2017 in terms of order dated 18th December, 2019 dismissed application under

Section 7 of the I&B Code thereby setting aside the order of admission passed

by the Adjudicating Authority (National Company Law Tribunal), Bengaluru

Bench in CP(IB) No. 244/BB/2018 and directed the Adjudicating Authority to

decide the fee and cost of the 'Corporate Insolvency Resolution Process' as

incurred by the 'Resolution Professional', which was directed to be borne and

paid by the Dena Bank (Financial Creditor).

Cont'd..../ -2-

2. From the impugned order we find that the learned Adjudicating Authority

has dismissed the application in regard to further costs claimed by the Appellant

- Registered Valuer on the ground that such application is not maintainable and

lacks merit. It has been observed in the impugned order that Rs.50,000/- was

paid to each of the Valuers which included the Appellant/ Applicant. Therefore,

notwithstanding the fact that the observation as regards jurisdiction of

Adjudicating Authority is unsupportable, we find that the impugned order

cannot be interfered with as the application before the Adjudicating Authority

lacks merit. The appeal is accordingly dismissed.

[Justice Bansi Lal Bhat] Acting Chairperson

[V. P. Singh] Member (Technical)

[Shreesha Merla] Member (Technical) am/gc

Company Appeal (AT) (Insolvency) No. 857 of 2020

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