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Gulshan Gaba vs Surinder Juneja & Anr

National Company Law Appellate Tribunal29 October 2020

Ratio decidendi

The rule this decision rests on

Where a subsequent adjudicating authority order on the quantum of an erstwhile interim resolution professional's remuneration is contrary to an earlier order of the same authority that directed the committee of creditors to resolve the issue and, failing that, left the matter to be referred to the Insolvency and Bankruptcy Board of India, the later order is liable to be set aside as inconsistent with the earlier direction; the quantum of fees payable to the erstwhile interim resolution professional is to be determined through the reference to the Board contemplated by that earlier order.

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. 929 of 2020

In the matter of: Gulshan Gaba ....Appellant Vs. Surinder Juneja & Anr. ..Respondents

Present For Appellant: Mr. Dhruv Gupta, Mr. Rakesh Kumar, Ms. Priti & Mr. Gulshan Gaba, Advocates. For Respondents: Mr. P Nagesh, Mr. Shivam W adhwa & Mr. Surinder Juneja, For R-1.

ORDER

(Virtual Mode)

29.10.2020: Heard Learned Counsel for the Appellant Shri Rakesh

Kumar and Learned Counsel Shri P. Nagesh representing the Respondents.

Learned Counsel for the Appellant submits that by the Impugned Order dated

21.09.2020 Adjudicating Authority has fixed and directed CoC to pay

remuneration to the Applicant/erstwhile IRP to the tune of Rs. 3,50,000/- per

month for the period for which he has worked after excluding the earlier

payments and the balance payment shall be made within a period of three

weeks from the date of this order. Learned Counsel for the Appellant further

submits that this Order is just contrary to the order passed earlier by the

Adjudicating Authority on 07.01.2019 in that Order Learned Adjudica ting

Authority has directed the CoC to have another meeting in order to resolve the

issue and decide the amount to be paid to present IRP. If the deadlock cannot 2

be resolved, let the matter be referred to IBBI by any of the Parties for deciding

the quantum of fees payable to the 'Interim Resolution Professional'.

We are of the view that the Impugned Order is just contrary to the earlier

order dated 07.01.2019, therefore, the Impugned Order is set aside. However,

in the light of the earlier Order dated 07.01.2019 aggrieved party may refer the

matter to IBBI for deciding the quantum of fees payable to erstwhile IRP.

With the aforesaid, the Appeal is allowed, however, no order as to cost.

We hope and trust that if any Party refers the matter to IBBI then IBBI shall

decide the quantum of fees expeditiously preferably within three months from

the date of reference.

[Justice Jarat Kumar Jain] Member (Judicial)

[Dr. Ashok Kumar Mishra] Member (Technical) Sim/nn

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