IFFCO TOKIO GENERAL INSURANCE CO LTD Vs. SKC RETAIL LTD
LAWS(NCLT)-2017-11-470
NATIONAL COMPANY LAW TRIBUNAL
Decided on November 14,2017

IFFCO TOKIO GENERAL INSURANCE CO LTD Appellant
VERSUS
Skc Retail Ltd Respondents

JUDGEMENT

- (1.) Mr. V. Mahesh, IRP in person present. Counsel for Applicant/Operational Creditor present. Counsel for SBI/Financial Creditor present. The Counsel for the Financial Creditor has filed memo praying therein that the Applicant/Operational Creditor moved Application under section 9 of the IBC, 2016 despite knowing that no securities are available as to pay fee to the IRP. Based on this plea, the Financial Creditor prayed to recall the order dated 26.10.2017. The plea made by the Financial Creditor is devoid of merits for the reasons that even if no securities are available, the IRP has to be paid. In that event it is the duty of the CoC to make payment of the remuneration in proportion to their total credit. The Applicant/Operational Creditor has already paid expenses for public announcement and he is also ready to share the burden of the remuneration to the extent of 1/4th of the total. Therefore, in the circumstances, the Applicant cannot be burdened for payment of whole of the remuneration to the IRP. In view of this, we reiterate the order dated 26.10.2017 and direct the members of the CoC to pay the remuneration of the IRP within time provided in the order dated 26.10.2017. Consequently, the memo filed by the Financial Creditor stands rejected.;


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