# In the matter of Immaneni Eswara Rao vs. Bank of India

> NCLAT judgment dated 2025-03-10. Citation: TCN-2025-NCLAT-00174. The case involves four company appeals (77/2025, 78/2025, 80/2025, 81/2025) that are similar…

- **Court:** NCLAT
- **Order date:** 10 Mar 2025
- **Citation:** TCN-2025-NCLAT-00174
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/immaneni-eswara-rao-vs-bank-of-india-e715b976

## Summary

### Background

The case involves four company appeals (77/2025, 78/2025, 80/2025, 81/2025) that are similar and being decided together. The appeals challenge orders passed by the Adjudicating Authority regarding the liquidation process of corporate debtors, specifically concerning the fees and costs of the liquidator. The liquidator is seeking directions for the Bank of India and State Bank of India, the SCC members, to contribute funds towards outstanding liquidation costs and estimated liquidation costs. The Adjudicating Authority directed the SCC to consider and approve reasonable fees for the liquidator, taking into account the lack of significant progress in the liquidation proceedings.

## Facts

Mr. Immaneni Eswara Rao, the Appellant/Liquidator of the Corporate Debtor, filed company appeals challenging the validity of the Impugned Order dated 29.11.2024 passed by the Adjudicating Authority. The appeals arise from orders in IA(IBC)/196/2024, IA(IBC)/266/2024, IA(IBC)/191/2024 and IA(IBC)/197/2024, which were preferred in CP(IB)No.157/10/AMR/2019, CP(IB)/174/10/AMR/2019, CP(IB)No.158/10/AMR/2019 and CP(IB)No.159/10/AMR/2019 respectively. The liquidator sought directions for the Bank of India and State Bank of India, the SCC members, to contribute funds towards outstanding liquidation costs and estimated liquidation costs of INR 1,50,000/- per month. The Adjudicating Authority directed the SCC to consider and approve reasonable fees for the liquidator, taking

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## Issues and analysis

### Issue 1: Whether the Appellant/Liquidator is entitled to the claimed remuneration given the lack of progress …

**Ratio:** The ratio is based on the principle that a liquidator's remuneration should be

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**Reasoning:** The court reasons that the Adjudicating Authority has already taken into account the lack

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**Interpretation:** The interpretation is that Regulation 2(A) of the IBBI (Liquidation Process)

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**Application:** The ratio and reasoning are applied to the specific facts by noting that the

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** Immaneni Eswara…
- **Respondents:** Bank of…

## Timeline

- **2024-11-29 — Impugned…**: The Adjudicating Authority…
- **2025-01-02 — Filing of A…**: The Appellant/Liquidator…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 54 — Dissolution of corporate debtor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-54)

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