# In the matter of NIFE Fire Systems Private Limited vs. Canara Bank

> Read the full IBC case summary for In the matter of NIFE Fire Systems Private Limited vs. Canara Bank. NCLAT judgment dated 2024-09-02. Citation:…

- **Court:** NCLAT
- **Order date:** 2 Sept 2024
- **Citation:** TCN-2024-NCLAT-00734
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/nife-fire-systems-private-limited-vs-canara-bank-ba12ea14

## Summary

### Background

The Liquidator challenged an order dismissing his application to recall the Corporate Debtor's dissolution order, which he sought due to the non-remittance of his Liquidator's fees.

## Facts

The Corporate Debtor was initially put into liquidation, and subsequently, by an order dated December 11, 2023, it was directed to be dissolved under Section 54 of the I & B Code, 2016. This dissolution order was passed on merit and remained unchallenged, attaining finality. The Liquidator, the appellant in this case, did not challenge the dissolution order itself.

The Liquidator claimed an entitlement to certain Liquidator Fees amounting to Rs. 29,20,817/- from Canara Bank, the sole Secured Creditor, for the period from October 5, 2018, to June 30, 2023. To recover these fees, the Liquidator filed an application, IA (IBC)/138/KOB/2024, before the Adjudicating Authority, seeking directions for the remittance of his fees as per the Regulations of 2016.

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in dismissing the application to recall the dissolution…

**Ratio:** An order of dissolution passed on merit under Section 54 of the I&B Code, 2016, cannot be…

**Reasoning:** The Adjudicating Authority correctly held that the non-remittance of the Liquidator's fee…

**Interpretation:** The court interpreted Section 54 of the I&B Code, 2016, to mean that a…

**Application:** The NCLAT applied this interpretation to the facts, concluding that the…

## Parties

- **Judges:** Sharad Kumar…
- **Advocates:** M A S…; Pradeep…

## Timeline

- **October 5, 2018 — Start of Fee Claim…**: The period for which the…
- **June 30, 2023 — End of Fee Cla…**: The period for which the…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/nife-fire-systems-private-limited-vs-canara-bank-ba12ea14
