METAL GEMS Vs. SARANYA FORGINGS & ENGINEERS INDIA PVT LTD
LAWS(NCLT)-2018-1-857
NATIONAL COMPANY LAW TRIBUNAL
Decided on January 24,2018

METAL GEMS Appellant
VERSUS
SARANYA FORGINGS And ENGINEERS INDIA PVT LTD Respondents

JUDGEMENT

Ch Mohd Sharief Tariq, Member - (1.) Rp in person present. As seen from the orders dated 10.01.2018 and 19.01.2018, Counsel for the Corporate Debtor was present and prayed for time to settle the dues of the RP. However, today, there is no representation on behalf of the Corporate Debtor. It appears that the Corporate Debtor is avoiding to make the payment of the remuneration to the RP, due to which, he is not causing his appearance in the matter. The absence appears to be deliberate. Therefore, the Corporate Debtor is proceeded ex parte.
(2.) It is on record that the Hon'ble NCLAT vide its order dated 13.12.2017 has set aside the order passed by this Bench on 22.09.2017. However, a direction has been given under para '9' of its order that the Adjudicating Authority will fix the fee of the IRP, which the Corporate Debtor will pay.
(3.) The RP has given the details in the Application. An amount of Rs.50,000/- is claimed on account of incurring expenditure to carry out the duties of the Resolution Professional, which was approved and ratified in the 1st meeting of the CoC and Rs.32,000/- incurred to carry out the duties as Resolution Professional. Professional Fee for the period of 54 days which comes to Rs.9 lakhs.;


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