2021 (8) TMI 1346

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.... KOLKATA - TMI<br>NATIONAL COMPANY LAW TRIBUNAL KOLKATA - Tri<br>Dated:- 6-8-2021<br>I.A. (IB) NO. 219/KB/2021 In C.P. (IB) No. 185/KB/2018 - -<br>Insolvency & Bankruptcy<br>Shri Rajasekhar V.K., Member (Judicial) and Shri Harish Chander Suri, Member (Technical) For the Applicant : Mr. Shaunak Mitra, Advocate, Mr. Avik Chaudhuri, Advocate ORDER Per Rajasekhar V.K., Member (Judicial) 1. This....

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....val of fees of the Resolution Professional from the third CoC meeting. It is submitted that the CoC had approved the fees of the Interim Resolution Professional at Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) per month and the Resolution Professional had also proposed his fees at Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) per month. 5. In the 8th CoC meeting held on 01.12.2020, th....

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.... 7. Heard the learned Counsel for the Resolution Professional and perused the records. On perusal of the minutes of the 3rd CoC meeting held on 10.07.2020, it is seen that the CoC had raised concern that the fee proposed by the Resolution Professional and stated that it was on a higher side. 8. The Resolution Professional has discharged his duties according to section 27 of the Code from 31.12.20....

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....e Resolution Professional at par with the Interim Resolution Professional. Further, there was no plausible reason for the CoC either to defer the proposal regarding payment of fee, nor has any reason been adduced for rejecting the resolution. The CoC has failed to provide any alternative fee structure also. It is not expected that the Resolution Professional shall have to forgo his fee solely on t....