# In the matter of Tanjara Trading Pvt. Ltd. MA-54-2019 In CA-126-IB-2018 In TCP-46-IB-CB-2017

> NCLT judgment dated 2019-02-08. Citation: TCN-2019-NCLT-04926. The case involves an application (MA/54/2019 in CA/126/IB/2018 in TCP/46/IB/CB/2017) before the…

- **Court:** NCLT
- **Order date:** 8 Feb 2019
- **Citation:** TCN-2019-NCLT-04926
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tanjara-trading-pvt-ltd-ma-54-2019-in-ca-126-ib-2018-in-tcp-46-ib-cb-2017-59cd94de

## Summary

### Background

The case involves an application (MA/54/2019 in CA/126/IB/2018 in TCP/46/IB/CB/2017) before the National Company Law Tribunal (NCLT), Chennai. The Resolution Professional (RP) and counsel for Federal Bank are present. During arguments, both sides agreed to a monthly payment of Rs. 50,000 to the RP.

## Facts

The Resolution Professional (RP) is present before the NCLT. The counsel for Federal Bank is also present. Both sides have agreed during arguments to a monthly payment of Rs. 50,000 to the RP. The NCLT is considering an application (MA/54/2019 in CA/126/IB/2018 in TCP/46/IB/CB/2017). The key fact is the agreement on the RP's remuneration, which forms the basis for the court's order.

## Issues and analysis

### Issue 1: Whether the Committee of Creditors (CoC) should be directed to pay the Resolution Professional (RP) …

**Ratio:** When parties agree on a certain course of action, particularly regarding remuneration in

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**Reasoning:** The court's reasoning is based on the mutual agreement reached between the RP and the

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**Interpretation:** The interpretation involves recognizing the autonomy of the parties to agree on

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**Application:** The ratio and reasoning are applied to the specific facts by directing the CoC

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## Parties

- **Judges:** CH.MOHD SHERIEF…; S. VIJAYARA…
- **Appellants:** MALATHI GOP…
- **Respondents:** Zee Entertainment…; TANJARA TRADING…

## Timeline

- **2019-02-08 — Hearing…**: Hearing held on February…
- **2018-01-01 — CA/126/IB…**: Related to CA/126/IB/201…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19(2) — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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