# In the matter of Anupam Electricals and Engineering Industries Private Limited

> NCLT judgment dated 2024-11-27. Citation: TCN-2024-NCLT-00149. The Resolution Professional (RP) filed an IA seeking directions against the sole member of the…

- **Court:** NCLT
- **Order date:** 27 Nov 2024
- **Citation:** TCN-2024-NCLT-00149
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/anupam-electricals-and-engineering-industries-private-limited-323823bd

## Summary

### Background

The Resolution Professional (RP) filed an IA seeking directions against the sole member of the Committee of Creditors (CoC) of CG Power and Industrial Solutions and Mr. Ramavatar S Modani, Director of the Suspended Board, to settle the Corporate Insolvency Resolution Process (CIRP) cost. The CoC allegedly refused to pay the RP's fee, despite resolving to do so in their 2nd meeting held on 29.07.2024. The court noted that it had previously stated that the Adjudicating Authority (AA) should not be involved in disputes regarding professional fees, especially after ratification by the CoC.

## Facts

The Resolution Professional (RP) filed an application (IA) seeking directions for settling the Corporate Insolvency Resolution Process (CIRP) cost, including the RP's fee. The application was filed against the sole member of the Committee of Creditors (CoC) of CG Power and Industrial Solutions and Mr. Ramavatar S Modani, Director of the Suspended Board. The CoC allegedly refused to pay the RP's fee, despite resolving to do so in their 2nd meeting held on 29.07.2024. The Authorised Representative for the Director of the Suspended Board requested time to obtain instructions regarding the payment of Rs. 6,40,000/-, which is part of the CIRP cost. The RP's counsel submitted that the Director of the Suspended Board should be directed to deposit the amount promptly. The

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## Issues and analysis

### Issue 1: Whether the Committee of Creditors (CoC) is obligated to pay the Resolution Professional's (RP) fee …

**Ratio:** The CoC has a responsibility to settle the CIRP cost, including the RP's fee, especially

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**Reasoning:** The court's reasoning is based on the principle that the CoC, having resolved to pay the

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**Interpretation:** This issue involves the interpretation of the obligations of the CoC under the

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**Application:** In this specific case, the court applies the ratio by directing the

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## Parties

- **Judges:** SANJIV…; K. R. SAJI…
- **Respondents:** C.G. Power and…; Anupam Electricals…

## Timeline

- **2024-07-29 — CoC Meet…**: The 2nd meeting of the Committee of Creditors (CoC) was held, where they resolved to pay…
- **2024-11-27 — Order Sheet of…**: The court heard the application filed by the RP seeking directions against the CoC and…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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