# In the matter of Aarcity Infrastructure Pvt. Ltd. IB-2185(ND)-2019

> NCLT judgment dated 2022-11-01. Citation: TCN-2022-NCLT-00573. The case involves a petition filed by M/s. Sun Control Systems (Partnership Firm) against M/s.…

- **Court:** NCLT
- **Order date:** 1 Nov 2022
- **Citation:** TCN-2022-NCLT-00573
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/aarcity-infrastructure-pvt-ltd-ib-2185nd-2019-b296aee7

## Summary

### Background

The case involves a petition filed by M/s. Sun Control Systems (Partnership Firm) against M/s. Aarcity Infrastructure Pvt. Ltd. under Section 9 of the IB Code, 2016. The Interim Resolution Professional (IRP) has left the matter of determination of fees and expenses to the Tribunal.

## Facts

M/s. Sun Control Systems (Partnership Firm) filed a petition against M/s. Aarcity Infrastructure Pvt. Ltd. under Section 9 of the IB Code, 2016. The IRP has left the determination of fees and expenses to the Tribunal. The Tribunal is exercising its power under Regulation 33(2) to fix expenses. The IRP claimed certain fees and expenses. The Tribunal considered the fee and expenses claimed by the IRP and determined that an amount of Rs. 6,00,000/- is reasonable. The Corporate Debtor is required to pay this amount within two weeks. Upon payment, the CIRP will end, and the Corporate Debtor will be released from the clutches of CIRP. The RP is directed to hand over the possession of the properties taken by him if any in the matter. Compliance of this order may be reported

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## Issues and analysis

### Issue 1: Whether the Tribunal can determine the fees and expenses of the IRP when the applicant has not …

**Ratio:** Regulation 33(2) of the IBBI (Insolvency Resolution Process for Corporate Persons)

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**Reasoning:** The Tribunal has exercised its power in terms of Regulation 33(2) because the Ld. Counsel

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**Interpretation:** Regulation 33(2) empowers the Adjudicating Authority to determine the expenses

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**Application:** In this case, since the IRP left the determination of fees and expenses to the

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## Parties

- **Judges:** P.S.N. P…; RAHUL BHA…
- **Appellants:** M/s. Sun Control…
- **Respondents:** M/s. Aarcity…

## Timeline

- **2022-11-01 — Order Del…**: Order delivered by the…
- **2022-11-17 — Matter L…**: The matter is listed along with all the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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