# In the matter of Mainframe Energy Solutions Private Limited

> NCLT judgment dated 2023-10-30. Citation: TCN-2023-NCLT-00984. The case involves an application filed by Mr. Deepak Gupta, the Erstwhile Resolution…

- **Court:** NCLT
- **Order date:** 30 Oct 2023
- **Citation:** TCN-2023-NCLT-00984
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mainframe-energy-solutions-private-limited-9b39494f

## Summary

### Background

The case involves an application filed by Mr. Deepak Gupta, the Erstwhile Resolution Professional of M/s. Mainframe Energy Solutions Private Limited (‘Corporate Debtor’), seeking the payment of CIRP costs, including professional fees. The Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor based on an application filed by M/s. Integrated Batteries India Private Limited (‘Operational Creditor’). Mr. Gupta served as the Interim Resolution Professional (IRP) until he was replaced by Mr. Devender Lodha. The applicant claimed a total amount of Rs. 21,69,450/- towards CIRP costs and professional fees, but the Committee of Creditors (CoC) approved only Rs. 1,64,450/-. The matter was referred to the Insolvency and Bankruptcy Board of India

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## Facts

M/s. Integrated Batteries India Private Limited, an operational creditor, initiated Corporate Insolvency Resolution Process (CIRP) against M/s. Mainframe Energy Solutions Limited, the corporate debtor, under Section 9 of the Code, 2016. Mr. Deepak Gupta was appointed as the Interim Resolution Professional (IRP). He performed his duties until 07.10.2020 and was later replaced by Mr. Devender Lodha. Mr. Gupta claimed Rs. 21,69,450/- towards CIRP costs and professional fees, but the Committee of Creditors (CoC) approved only Rs. 1,64,450/- in its 4th CoC Meeting. Mr. Gupta filed an application (I.A./3520/2020) seeking a decision on the CIRP cost. The Adjudicating Authority referred the matter to the IBBI for determination of CIRP costs and professional fees. The IBBI

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority should direct the Committee of Creditors (CoC) to pay the CIRP …

**Ratio:** The Adjudicating Authority has the power to direct the CoC to pay the CIRP costs,

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**Reasoning:** The Adjudicating Authority considered the facts of the case, the IBBI's report, and the

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**Interpretation:** The legal principle is that the Adjudicating Authority has the authority to

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**Application:** The Adjudicating Authority applied this principle to the specific facts of the

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## Parties

- **Judges:** MANNI SANKARIAH…; BINOD KUMAR…
- **Appellants:** Deepak…
- **Respondents:** Mainframe Energy…; Integrated…

## Timeline

- **2019-10-11 — Initiation…**: Adjudicating Authority initiated Corporate Insolvency Resolution Process against M/s.…
- **2019-01-01 — Filing of App…**: Application (C.P.(IB)/177/2019) filed under Section 9 of the Code,2016 by M/s. Integrated…

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