# In the matter of Raj Kumar Saraogi Vs. Rajasthan Financial Corporation & Anr. CA(AT)(Insolvency) 799-2018

> NCLAT judgment dated 2019-01-04. Citation: TCN-2019-NCLAT-00887. The case involves a Company Appeal (AT) (Insolvency) No. 799 of 2018 before the National…

- **Court:** NCLAT
- **Order date:** 4 Jan 2019
- **Citation:** TCN-2019-NCLAT-00887
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/raj-kumar-saraogi-vs-rajasthan-financial-corporation-anr-ca-9b81d807

## Summary

### Background

The case involves a Company Appeal (AT) (Insolvency) No. 799 of 2018 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appellant is Raj Kamal Saraogi, and the respondents are Rajasthan Financial Corporation & Anr. The appeal concerns the fees and costs allowed to the Interim Resolution Professional (IRP), Mr. Raj Kamal Saraogi.

## Facts

Raj Kamal Saraogi, the appellant, is the Interim Resolution Professional (IRP). The respondents are Rajasthan Financial Corporation & Anr. The Tribunal allowed Rs. 2.60 lakhs to Mr. Saraogi for his fees and costs. The Committee of Creditors (CoC) had only allowed Rs. 1 lakh for payment to Mr. Saraogi. Mr. Saraogi stated that he was happy with the Rs. 2.60 lakhs allowed by the Tribunal. Mr. Ashutosh Kumar, along with Mr. Pulkit Agarwal, appeared as advocates for the appellant. Mr. Saraogi was present in person and identified by Mr. Ashutosh Kumar.

## Issues and analysis

### Issue 1: Whether the appeal should be disposed of given the IRP's satisfaction with the fees allowed by the …

**Ratio:** When the Interim Resolution Professional (IRP) expresses satisfaction with the fees and

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**Reasoning:** The court reasoned that since the IRP, who is the appellant, was content with the amount

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**Interpretation:** This case interprets the principle that if the party directly affected by a

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**Application:** In this specific case, the IRP, Raj Kamal Saraogi, stated his satisfaction with

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Raj Kamal S…
- **Respondents:** Rajasthan…

## Timeline

- **2019-01-04 — Order Da…**: Mr. Raj Kamal Saraogi, IRP, states he is happy with the amount of Rs. 2.60 lakhs allowed…

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