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S3 Electrical And Electronics Pvt. Ltd vs Brian Lau & Anr

National Company Law Appellate Tribunal13 October 2017

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority's fixation of the fee of an Interim Resolution Professional, made in consequence of an earlier appellate order directing it to determine that fee, does not warrant interference where no ground for interference is shown. A review application against an appellate order is not maintainable within an appeal; a review of such an order lies only where there is an error apparent on the face of the record or new facts are brought to the notice of the Tribunal, and absent either, the question of reviewing the order does not arise.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Insolvency) No. 186 of 2017IN THE MATTER OF:

S3 Electrical and Electronics Pvt. Ltd. ...Appellant

Versus

Brian Lau & Anr. ...Respondents

Present:

For Appellant : Shri Aditya Sharma, Advocate

For Respondents : Shri Navneet Kumar Jain, C.A.

ORDER

13.10.2017 By the impugned order dated 31st August, 2017, the learned

Adjudicating Authority (National Company Law Tribunal), Principal Bench, New

Delhi fixed the fee of Interim Resolution Professional in terms of order passed by

this Appellate Tribunal on 2nd August, 2017 in Company Appeal (AT) (Insolvency)

No. 104/2017 whereby the proceedings against the appellant - Corporate Debtor

were set aside and the Adjudicating Authority was requested to determine the

fee payable to the Interim Resolution Professional.

Having heard the learned counsel for the appellant and Interim Resolution

Professional Shri Navneet Kumar Jain, we find no ground to interfere with the

impugned order whereby the fee of the Interim Resolution Professional has been

fixed.

Insofar the review application against order dated 2nd August, 2017 passed

in Company Appeal (AT) (Insolvency) No. 104 of 2017 is concerned, the said

application is not maintainable in this appeal. In absence of any error apparent on the face of the record and in absence of any new facts brought to our notice,

the question of reviewing the order does not arise.

The appeal is dismissed. Consequentially, the application for review is also

dismissed. No cost.

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice A.I.S. Cheema ] [ Balvinder Singh ] Member (Judicial) Member (Technical)

/ns/ac/uk/

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