# In the matter of Bindal and Bindal Batteries Pvt. Ltd.

> NCLT judgment dated 2024-04-09. Citation: TCN-2024-NCLT-01780. The interlocutory application I.A.(IBC)/6070/2023 was filed on behalf of the Resolution…

- **Court:** NCLT
- **Order date:** 9 Apr 2024
- **Citation:** TCN-2024-NCLT-01780
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bindal-and-bindal-batteries-pvt-ltd-cc931954

## Summary

### Background

The interlocutory application I.A.(IBC)/6070/2023 was filed on behalf of the Resolution Professional, Anshuj Dhingra, of M/s. Bindal and Bindal Batteries (P) Limited under Section 60(5) of the Insolvency and Bankruptcy Code, 2016. The application seeks directions for the Respondent Sole Member CoC to pay the accumulated CIRP costs, decide the fee payable to the Resolution Professional for the period after the order dated 20.02.2023 passed by the Hon'ble Apex Court, and any other relief deemed fit by the Tribunal. The Corporate Insolvency Resolution Process (CIRP) was initiated based on an application filed under Section 9 of the Code, which was admitted on 10.03.2022. An appeal against this order was dismissed by the NCLAT on 02.05.2022. A Special Leave Petition (SLP)

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## Facts

The Resolution Professional, Anshuj Dhingra, filed an application (I.A.(IBC)/6070/2023) seeking payment of outstanding CIRP costs and determination of fees. The CIRP was initiated based on an application under Section 9 of the IBC, admitted on 10.03.2022. Appeals against the admission order were dismissed by NCLAT on 02.05.2022. The Supreme Court disposed of a Special Leave Petition (SLP) on 20.02.2023, directing the Adjudicating Authority to determine the fees payable to the Resolution Professional. The Resolution Professional claims that the Committee of Creditors (CoC) has only paid Rs. 2,00,000/- towards CIRP costs. The dispute centers on the amount of CIRP costs and fees payable to the Resolution Professional. The Supreme Court order dated 20.02.2023 in Civil

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## Issues and analysis

### Issue 1: Whether the Respondent Sole Member CoC should be directed to pay the accumulated CIRP costs to the …

**Ratio:** The principle of ensuring that Resolution Professionals are adequately compensated for

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**Reasoning:** The Adjudicating Authority acknowledged the dispute between the Resolution Professional

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**Interpretation:** The IBC mandates that CIRP costs must be met to ensure the smooth functioning

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**Application:** Given the dispute, the Adjudicating Authority referred the matter to the IBBI

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## Parties

- **Judges:** SH. MANNI…; Sanjeev R…
- **Appellants:** Anshuj Dh…
- **Respondents:** M/s. BINDAL AND…; Committee of…

## Timeline

- **2018-01-01 — CIRP Init…**: Application filed under…
- **2022-03-10 — Admission of Ap…**: Application under Section 9 of the Code…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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