# In the matter of Tarang Exports Pvt. Ltd. IA-788-2022 in C.P. (IB)-3630(MB)2019

> NCLT judgment dated 2022-12-07. Citation: TCN-2022-NCLT-00220. The case involves an application filed by the Applicant/IRP seeking several reliefs, including…

- **Court:** NCLT
- **Order date:** 7 Dec 2022
- **Citation:** TCN-2022-NCLT-00220
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/tarang-exports-pvt-ltd-ia-788-2022-in-cp-ib-3630mb2019-1c5bb314

## Summary

### Background

The case involves an application filed by the Applicant/IRP seeking several reliefs, including the disposal of a Company Petition No. 3630 of 2019, the termination of the CIRP initiated against the Corporate Debtor, the discharge of the Applicant/IRP Mr. Jitendra Palande from his duties, and the reimbursement of costs incurred by the Applicant in discharging his duties. An order was previously passed on 24.02.2020 admitting the Corporate Debtor into CIRP, and Mr. Jitendra Palande was subsequently appointed as IRP.

## Facts

The Corporate Debtor was admitted into CIRP on 24.02.2020. Mr. Jitendra Palande was appointed as the IRP. The IRP/Applicant filed an application seeking the disposal of the Company Petition No. 3630 of 2019, termination of the CIRP, discharge of the IRP, and reimbursement of costs. The IRP claims that Shri Guru Containers (Respondent No. 1) has not paid his remuneration or costs incurred. The total CIRP costs incurred by the IRP amount to Rs. 5,62,000, including IRP fees, public announcement costs, legal expenses, company secretary fees, and out-of-pocket expenses. The Bench had previously directed the Operational Creditor to pay the IRP's fees on 01.06.2022. The Operational Creditor sought time to reply to this direction.

## Issues and analysis

### Issue 1: Whether Respondent No. 1, Shri Guru Containers, should be directed to reimburse the costs incurred …

**Ratio:** The principle of reimbursement of costs incurred by the IRP in discharging their duties

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**Reasoning:** The court considered the details of the CIRP costs incurred by the Applicant/IRP and

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**Interpretation:** The interpretation is that the IRP is entitled to be reimbursed for the costs

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**Application:** The court applied this principle to the specific facts of the case, directing

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## Parties

- **Judges:** ANURADHA SANJAY…; Kuldip Kumar…
- **Appellants:** Shikhil…
- **Respondents:** Tarang Exports…; Guru Cont…

## Timeline

- **2020-02-24 — Admission in…**: An order was passed admitting…
- **2022-06-01 — Bench Order Directing…**: The Bench directed the Operational…

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