Rajendra Prasad Tak Vs Giridhari Lal Sharma (NCLAT Chennai)
NCLAT Chennai held that fees is payable to Interim Resolution Professional (IRP) from the date he took charge of IRP till the date of appointment of new Resolution Professional. Accordingly, directed to pay additional fees from 53 days.
Facts- The Indian Renewable Energy Development Agency Limited (IREDA) being Respondent No.3 in these instant Appeal, had filed a Section 7 of I & B Code, application for initiation of CIRP proceedings as against the Noble Ispat and Energies Limited (the Corporate Debtor). The 3rd Respondent had proposed the Appellant herein as an IRP. The appointment of this Appellant as IRP was decided based on the letter dated 15.11.2018. As per this letter, it was unanimously decided by Respondent No.3 that Rs.4,00,000/- shall be payable to the Appellant for a period of 30 days upon his appointment as IRP, and the same shall continue to be paid at the said agreed rate till the Appellant herein continues as IRP.
Thereafter, Respondent No.2 filed an application to replace the applicant with different RP. Said application was allowed vide order dated 27.11.2019. The clarification that has been sought by the appellant is as to whether he is only entitled to the amount, that was to be paid for the performance of his duties is Rs.4,00,000/- as a whole or Rs.4,00,000/- thereafter too for each subsequent 30 days till the new RP was appointed.
