# In the matter of Committee of Creditors Vs. Mrs. Sonu Jain, Resolution Professional for Marina Projects Pvt. Ltd. & Ors. CA(AT)(Ins)No.1115-2019

> NCLAT judgment dated 2019-10-23. Citation: TCN-2019-NCLAT-00194. The Committee of Creditors filed an appeal against the order of the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 23 Oct 2019
- **Citation:** TCN-2019-NCLAT-00194
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/committee-of-creditors-vs-mrs-sonu-jain-resolution-professional-for-marina-proje-0ecabd04

## Summary

### Background

The Committee of Creditors filed an appeal against the order of the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, which directed the Committee of Creditors to pay the fee of the Resolution Professional at Rupees One Lakh per month. The appeal was filed without appreciating the provisions of the Insolvency and Bankruptcy Code, 2016.

## Facts

The Committee of Creditors filed an appeal against the order of the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, which directed the Committee of Creditors to pay the fee of the Resolution Professional at Rupees One Lakh per month. The meeting of the Committee of Creditors held on May 18, 2019, discussed the determination of the fee of the Interim Resolution Professional. The Interim Resolution Professional proposed her fees to be Rs. 1,00,000 per month. The Corporate Debtor, with the consent of the Operational Creditor, had decided to bear the IRP fees. The court noted that Section 14 of the I&B Code provides for recovery, and no amount can be taken from the Corporate Debtor.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order directing the Committee of Creditors to pay the fee of …

**Ratio:** The Adjudicating Authority has the power to direct the Committee of Creditors to pay the

…

**Reasoning:** The court reasoned that the Adjudicating Authority rightly directed the Committee of

…

**Interpretation:** The Adjudicating Authority's order is interpreted as a valid exercise of its

…

**Application:** The ratio is applied to the specific facts of the case, where the Adjudicating

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## Parties

- **Judges:** S.J. Mukhop…; Venugop…; +1 more
- **Appellants:** Committee of…
- **Respondents:** Marina Projects…; Sonu…

## Timeline

- **2019-05-18 — Meeting of Committee of…**: Meeting held to determine the fee of…
- **2019-10-23 — Order…**: The court dismissed the appeal…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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