Nalin Virji Shah vs G G Photo Limited And Anr

Nalin Virji Shah ...Appellant Versus G.G. Photo Ltd. & Anr. ...Respondents

Present: For Appellant : Mr. Vikramaditya Singh, Advocate. For Respondents : Mr. Santosh Kumar, IRP.

ORDER

(Hybrid Mode)

12.08.2025: I.A. No. 6010 of 2024: This application has been filed by

the IRP praying for following reliefs:

"PRAYERS:

In the backdrop of the abovementioned facts, circumstances and submissions narrated hereinabove, it is most respectfully prayed by the Applicant before this Hon'ble Appellate Tribunal, that it may graciously be pleased:

(a) To direct the Respondent No.1/0riginal Appellant to pay an amount of Rs. 19,48,200/-

(Rupees Nineteen Lakhs Forty Eight Thousand Two Hundred Only) to the Applicant towards Professional Fees payable to IRP as on 08.01.2024 (enclosed in Annexure-A 13 of this Application), in compliance with directions passed by this Hon'ble Appellate Tribunal vide Final Order dated 08.01.2024 in CA (AT) (INS.) No.873 OF 2023.

Cont'd.../

(b) To direct the Respondent No.1/0riginal Appellant to pay an amount of Rs. 6,08,204/- (Rupees Six Lakhs Eight Thousand Two Hundred and F our Only) to the Applicant towards CIRP Expenses (Legal Fee, expenses and other actual expenses till 08.01.2024) payable to IRP as on 08.01.2024 (enclosed in Annexure-A 14 of this Application), in compliance of the directions passed by this Hon'ble Appellate Tribunal vide Final Order dated 08.01.2024 in CA (AT) (INS.) No.873 OF 2023.

(c) To direct Respondent No. 1/0riginal Appellant to pay cost, expenses and Legal fee for filling of present Application before this Hon'ble Appellate Tribunal.

(d) Pass such order or further order/s as this Hon'ble Appellate Tribunal may deem fit and proper in the facts and circumstances of the case."

2. The Company Appeal was disposed of by this Tribunal vide judgment

and order dated 08.01.2024 on the basis of settlement entered between the

Operational Creditor and the Corporate Debtor. While disposing of the

appeal, in Para 4 following observations were made:

"4. The Corporate Insolvency Resolution Process (CIRP) is initiated from 20.06.2023. By interim order passed by this Appellate Tribunal, Committee of Creditors has not been constituted. Settlement having reached between the parties, we are of the view that the CIRP be closed and need not proceed any further. Order dated 20.06.2023 is set aside. IRP fees as per IBBI Circulars and expenses which have been occurred from 20.06.2023 till date be paid by the Appellant within four weeks from today. Appellant shall give

I.A. No.6010 of 2024 in Comp. App. (AT) (Ins.) No. 873 of 2023 2 of 3 detail of expenses incurred and detail of fee as per the Resolution Professional within one week from today. The amount after giving credit of the amount already paid shall be paid by the Appellant within two weeks thereafter"

3. This application has been filed by the Applicant - IRP seeking a

direction to pay amount, as noted above. Notices were issued in the

application. Learned counsel for the Applicant submits that the said amount

is in accordance with the IBBI circular.

4. Learned counsel for the Respondent submits that the Respondent have

already paid Rs.11 Lakhs to the IRP and Respondents are still in discussion

with the IRP to pay some more amount.

5. Learned counsel for the Applicant submits that there is neither any

settlement with the Respondent nor there is any agreed amount.

6. Be that as it may. We are of the view that it is open for the Applicant

to file an appropriate application before the Adjudicating Authority for

payment of balance fee, if any. With these observations, we dismiss the

application.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

I.A. No.6010 of 2024 in Comp. App. (AT) (Ins.) No. 873 of 2023 3 of 3