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        Case ID :

        2026 (7) TMI 108 - AT - IBC

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        Interim Resolution Professional remuneration can be fixed as a consolidated fee; monthly entitlement depends on the approved record. The remuneration of an interim resolution professional had to be determined from the approved agenda and minutes of the first CoC meeting, which showed a ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Interim Resolution Professional remuneration can be fixed as a consolidated fee; monthly entitlement depends on the approved record.

                            The remuneration of an interim resolution professional had to be determined from the approved agenda and minutes of the first CoC meeting, which showed a consolidated fee for that role and monthly remuneration only if the professional was later appointed as resolution professional. The later dispute did not convert the approved consolidated amount into a monthly entitlement for the entire tenure, so the quantified remuneration fixation was sustained and the claim for higher monthly payment failed. The tribunal also clarified that fee fixation for insolvency professionals is not insulated by the commercial wisdom doctrine applicable to resolution plan approval, and may be examined on its own merits under the insolvency framework.




                            Issues: Whether the appellant was entitled to a monthly remuneration for the entire period of his tenure as interim resolution professional, and whether the CoC's fixation of remuneration at a consolidated amount could be interfered with.

                            Analysis: The remuneration structure had to be gathered from the agenda and minutes of the first CoC meeting, which showed that the amount approved for the appellant's role as interim resolution professional was a consolidated figure, while monthly remuneration was contemplated only if he were appointed as resolution professional. The later dispute over payment did not justify treating the approved amount as a monthly entitlement for the whole tenure. At the same time, the tribunal held that fixation of fees for insolvency professionals is not governed by the same principle of non-justiciability applicable to approval or rejection of resolution plans; the tribunal had jurisdiction to examine the claim on its own merits under the insolvency framework.

                            Conclusion: The appellant was not entitled to the claimed monthly remuneration for the entire period, and the CoC's quantified remuneration fixation was sustained.

                            Final Conclusion: The appeal failed, and the order directing payment of the consolidated remuneration and verified expenses was left undisturbed.

                            Ratio Decidendi: Fee claims of insolvency professionals are to be determined on the basis of the approved record and the insolvency framework governing professional costs, and the commercial wisdom doctrine applicable to resolution plan approval does not bar judicial scrutiny of such fee fixation.


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                            ActsIncome Tax
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