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Mr Devarajan Raman Resolution ... vs Bank Of India Ltd

National Company Law Appellate Tribunal30 July 2020

Ratio decidendi

The rule this decision rests on

The fixation of the fee payable to a Resolution Professional under the Insolvency and Bankruptcy Code is not a matter of the commercial wisdom of the Committee of Creditors; it is an adjudicatory question for the Adjudicating Authority, which must determine whether the fee and expenses are reasonable. Where the Adjudicating Authority has allowed the Resolution Professional's expenses in full and fixed a consolidated fee for the period actually worked, and that fee is not shown to be unreasonable in the circumstances, the appellate court will not interfere with it.

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. 646 of 2020IN THE MATTER OF:

Mr. Devarajan Raman, Resolution Professional Poonam Drum & Containers Pvt. Ltd. ...Appellant

Versus

Bank of India Ltd. ...Respondent

Present:

For Appellant: Mr. Devrajan Raman and Ms. Anjali Sharma, Advocates. For Respondent:

ORDER

(Through Virtual Mode)

30.07.2020: While disposing of Company Appeal (AT) (Insolvency) No. 1092 of

2019, this Appellate Tribunal directed the Adjudicating Authority (National

Company Law Tribunal) Mumbai Bench to decide the fee of Resolution Professional

and cost of the Corporate Insolvency Resolution Process as incurred by the

Resolution Professional and to be borne and paid by the 'Bank of India Ltd.'

(Financial Creditor). Learned Adjudicating Authority in terms of the impugned order

dated 7th February, 2020 allowed all the expenditure incurred by the Resolution

Professional and directed payment of a consolidated amount of Rs.5 Lakhs + GST

towards the fee of the Resolution Professional.

Cont'd.../ -2-

2. Learned counsel for the Appellant submits that the fee is inadequate and

there are some judgments from this Appellate Tribunal where the fee has been left

to the commercial wisdom of the Committee of Creditors.

3. On a query, learned counsel for the Appellant replied that the Resolution

Professional has worked for about three months. Since the expenses have been

allowed in full and the consolidated amount of Rs.5 Lakh + GST has been allowed

as fee of the Resolution Professional for entire period, we find the same is not

unreasonable. Fixation of fee is not a business decision depending upon the

commercial wisdom of the Committee of Creditors. We accordingly find this appeal

lacking merit. The appeal is accordingly dismissed. No costs.

[Justice Bansi Lal Bhat] Acting Chairperson

[Justice Anant Bijay Singh] Member (Judicial)

[Kanthi Narahari] Member (Technical) am/gc

Company Appeal (AT) (Insolvency) No. 646 of 2020

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