# In the matter of Sunil Kumar Agarwal vs. HDFC Bank Ltd. & Ors. Company Appeal (AT)(Insolvency) No. 360 of 2023

> NCLAT judgment dated 2023-04-12. Citation: TCN-2023-NCLAT-00625. The appeal challenges an order dated 13.01.2023 by the Adjudicating Authority (NCLT,…

- **Court:** NCLAT
- **Order date:** 12 Apr 2023
- **Citation:** TCN-2023-NCLAT-00625
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sunil-kumar-agarwal-vs-hdfc-bank-ltd-ors-company-appeal-a69b51ba

## Summary

### Background

The appeal challenges an order dated 13.01.2023 by the Adjudicating Authority (NCLT, Ahmedabad) that rejected I.A. No. 885 of 2020, filed by the Appellant, seeking payment of fees as IRP. CIRP was initiated on 15.10.2019, and the Appellant was appointed as IRP, continuing until the CoC relieved him and appointed a new IRP on 08.09.2020. Disputes arose regarding the Appellant's fees. The Appellant had previously filed I.A. No. 449 of 2020, which the Adjudicating Authority decided on 08.09.2020, directing the CoC to pay the CIRP cost of the IRP. Subsequently, the Appellant filed I.A. No. 885/2020. While hearing I.A. No. 885/2020, the Adjudicating Authority issued an order on 17.02.2022.

## Facts

CIRP was initiated on 15.10.2019. The Appellant was appointed as IRP and continued until the CoC relieved him and appointed a new IRP on 08.09.2020. The Appellant filed I.A. No. 885 of 2020 seeking payment of fees as IRP, which was rejected by the Adjudicating Authority (NCLT, Ahmedabad) on 13.01.2023. The Appellant had previously filed I.A. No. 449 of 2020, which the Adjudicating Authority decided on 08.09.2020, directing the CoC to pay the CIRP cost of the IRP. The Appellant filed a complaint against the new IRP for non-payment of fees. The IBBI examined the complaint and issued a report. The Appellant claimed Rs. 13,70,699/- in addition to the Rs. 20,89,068/- already paid. The CoC had approved Rs. 20,89,068/- but not the additional amount. The NCLT recorded that Rs.

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in rejecting I.A. No. 885 of 2020 filed by the Appellant …

**Ratio:** The CoC has the authority to fix the expenses of the resolution professional, and such

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**Reasoning:** The Adjudicating Authority relied on the IBBI's report, which examined the Appellant's

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**Interpretation:** The CoC's decision on the approval of IRP fees is crucial. The Adjudicating

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**Application:** The CoC had approved Rs. 20,89,068/- but not the additional Rs. 13,70,699/-

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Sunil Kumar…
- **Respondents:** HDFC Bank…

## Timeline

- **2019-10-15 — CIRP Init…**: CIRP was ini…
- **2019-10-01 — Appellant Appointed as…**: Appellant was appointed…

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