TRACTORS INDIA PVT LTD Vs. P K ORES PVT LTD
LAWS(NCLT)-2017-8-112
NATIONAL COMPANY LAW TRIBUNAL
Decided on August 09,2017

TRACTORS INDIA PVT LTD Appellant
VERSUS
P K ORES PVT LTD Respondents

JUDGEMENT

- (1.) The Ld. Lawyer on behalf of the Operational creditor as well as on behalf of the Corporate Debtor are present. The National Company Law Appellate Tribunal has passed a specific order that the petition filed by the Operational Creditor under Section 9 of the IBC Code is not maintainable. Consequent upon which a direction has been made to the adjudicating authority to close the proceeding by fixing the fee of the Insolvency Resolution Professional which is to be paid by the Operational Creditor. Since the IRP is not present today and the Ld. Lawyer on behalf of the Operational Creditor is also not in a position to say with regard to the remuneration of the IRP, I find that IRP's presence is required before fixing any remuneration. The IRP is directed to be present in the Court. Fix on tomorrow, i.e. on 10-08-2017.;


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