# In the matter of Abhijit Guhathakurta, Monitoring Agency of the Corporate Debtor Vs. AGC Networks Ltd. CA(AT)(Ins)No. 660 of 2020

> NCLAT judgment dated 2020-09-21. Citation: TCN-2020-NCLAT-00112. The Monitoring Agency filed an appeal because the Respondent (AGC Networks Ltd.) threatened…

- **Court:** NCLAT
- **Order date:** 21 Sept 2020
- **Citation:** TCN-2020-NCLAT-00112
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/abhijit-guhathakurta-monitoring-agency-of-the-corporate-debtor-vs-agc-networks-l-f81f189e

## Summary

### Background

The Monitoring Agency filed an appeal because the Respondent (AGC Networks Ltd.) threatened to discontinue IT services to the Corporate Debtor after the Resolution Plan was approved. The Respondent had been providing these services free of cost. The Appellant (Abhijit Guhathakurta, Monitoring Agency of the Corporate Debtor) filed I.A. No. 1013 of 2020, seeking the continuation of these services. The Adjudicating Authority directed payment of Rs. 25 Lakhs per month during the CIRP period. The Impugned Order dated 14th July, 2020, is an Interim Order, and I.A. No. 1013 of 2020 is yet to be decided.

## Facts

The Monitoring Agency, Abhijit Guhathakurta, filed an appeal against AGC Networks Ltd. because AGC Networks Ltd. threatened to discontinue IT services to the Corporate Debtor after the Resolution Plan was approved. AGC Networks Ltd. had been providing these services free of cost to the Corporate Debtor. The Monitoring Agency filed I.A. No. 1013 of 2020, seeking the continuation of these services. The Adjudicating Authority directed payment of Rs. 25 Lakhs per month during the CIRP period. The Impugned Order dated 14th July, 2020, is an Interim Order, and I.A. No. 1013 of 2020 is yet to be decided. The Appellant was taking steps to evaluate the fairness of the quotation provided by the Respondent. The Adjudicating Authority directed the Corporate Debtor to pay 60% of

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order directing the Corporate Debtor to pay 60% of the charges …

**Ratio:** The principle is that an interim order should be fair and equitable to both parties and

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**Reasoning:** The Tribunal noted that the Adjudicating Authority directed the Corporate Debtor to pay

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**Interpretation:** This implies that the Adjudicating Authority should provide a clear

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**Application:** In this case, the Tribunal found that the Adjudicating Authority's order was

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## Parties

- **Judges:** A.I.S. C…; Ashok Kumar…
- **Appellants:** Abhijit Guhathakur…
- **Respondents:** AGC Network…
- **Advocates:** Abhinav V…; Aakarshan…; +7 more

## Timeline

- **2020-07-14 — Impugned Ord…**: Date of the Impugned Order passed…
- **2020-07-30 — Tribunal…**: The Tribunal passed an Interim Order staying the execution of the Impugned Order subject…

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