# In the matter of Bengal Chemicals & Phamaceuticals Limited CA (IB) No. 1544-KB-2019 in CP (IB) No. 1472-KB-2018

> NCLT judgment dated 26 Mar 2021. Citation: TCN-2021-NCLT-02556. This case involves an interlocutory application filed by Ms. Sonu Jain, the Interim Resolution…

- **Court:** NCLT
- **Order date:** 26 Mar 2021
- **Citation:** TCN-2021-NCLT-02556
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bengal-chemicals-phamaceuticals-limited-ca-ib-no-1544-kb-2019-in-cp-ib-no-1472-k-85c144ce

## Summary

### Background

This case involves an interlocutory application filed by Ms. Sonu Jain, the Interim Resolution Professional (IRP) of Bengal Chemicals & Pharmaceuticals Limited, seeking payment of her fees and expenses amounting to Rs. 5,50,000/- from the Operational Creditor, UEM India Private Limited. The Corporate Insolvency Resolution Process (CIRP) was initiated by an order dated November 1, 2019, following a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. Ms. Sonu Jain was appointed as the IRP for Bengal Chemicals & Pharmaceuticals Limited.

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## Facts

Ms. Sonu Jain, the Interim Resolution Professional (IRP) for Bengal Chemicals & Pharmaceuticals Limited, filed an interlocutory application, I.A. (IB) No. 1544/KB/2019, seeking payment of her fees and expenses. The total amount claimed was Rs. 5,50,000/-, to be paid by the Operational Creditor, UEM India Private Limited.

On November 1, 2019, the Adjudicating Authority admitted a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, initiating the Corporate Insolvency Resolution Process (CIRP) for Bengal Chemicals & Pharmaceuticals Limited. Ms. Sonu Jain was appointed as the IRP.

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## Issues and analysis

### Issue 1: Whether the Interim Resolution Professional (IRP) is entitled to the claimed fees and expenses of…

**Ratio:** An Interim Resolution Professional is not entitled to exorbitant fees and expenses…

**Reasoning:** The court reasoned that the IRP failed to provide detailed disclosure or supporting…

**Interpretation:** The court interpreted the IBBI Circulars No. IP/004/2018 and IBBI/IP/013/2018…

**Application:** Applying this interpretation, the court found that the IRP's claim of Rs.…

## Parties

- **Judges:** Rajasekha…; Harish Chander…
- **Advocates:** Pawan S…; Supriya Ranjan…

## Timeline

- **November 1, 2019 — CIRP Initiati…**: Adjudicating Authority admitted the petition under Section 9 of the IBC and initiated…
- **November 13, 2019 — CIRP Admission Order…**: The admission order dated November 1, 2019, was set aside as the Corporate Debtor paid…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33(2) — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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