# In the matter of Alok Kaushik Vs. Mrs Bhuvaneshwari Ramanathan and Ors., Civil Appeal No. 4065 of 2020

> SC judgment dated 2021-03-15. Citation: TCN-2021-SC-00064. The appeal arises from insolvency proceedings against Kavveri Telecom Infrastructure Limited. The…

- **Court:** SC
- **Order date:** 15 Mar 2021
- **Citation:** TCN-2021-SC-00064
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/alok-kaushik-vs-mrs-bhuvaneshwari-ramanathan-and-ors-civil-appeal-no-4065-of-202-3c8024ab

## Summary

### Background

The appeal arises from insolvency proceedings against Kavveri Telecom Infrastructure Limited. The National Company Law Tribunal (NCLT) initiated the Corporate Insolvency Resolution Process (CIRP) on March 21, 2019. The first respondent was appointed as the Resolution Professional (RP) on August 26, 2019. The appellant was appointed as a registered valuer on September 16, 2019, to value the plant and machinery at 115 sites. The appellant's fees were ratified by the Committee of Creditors (CoC) on December 9, 2019. The National Company Law Appellate Tribunal (NCLAT) set aside the CIRP on December 18, 2019, and remanded the matter to the NCLT to decide on CIRP costs. The NCLT reduced the RP's fee by 20% on December 20, 2019. The RP cancelled the appellant's appointment on

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## Facts

Kavveri Telecom Infrastructure Limited faced insolvency proceedings initiated by the NCLT on March 21, 2019. Mrs. Bhuvaneshwari Ramanathan was appointed as the Resolution Professional (RP). Alok Kaushik was appointed as a registered valuer on September 16, 2019, to value the company's plant and machinery across 115 sites. His fees of Rs 7.50 lakhs plus GST were ratified by the Committee of Creditors (CoC) on December 9, 2019. Alok Kaushik claims to have visited 40 sites and conducted valuation work on over 84 sites, incurring expenses of Rs 52,000. The NCLAT set aside the CIRP on December 18, 2019, and the NCLT reduced the RP's fee by 20% on December 20, 2019. The RP cancelled Alok Kaushik's appointment on December 19, 2019. Alok Kaushik was paid Rs 50,000 but the

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## Issues and analysis

### Issue 1: Whether the NCLT has jurisdiction under Section 60(5)(c) of the IBC to determine the fees payable …

**Ratio:** The NCLT has jurisdiction to adjudicate disputes that arise solely from or relate to the

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**Reasoning:** The court reasoned that the appellant's claim as a registered valuer related to the

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**Interpretation:** Section 60(5)(c) provides the NCLT with broad jurisdiction to entertain or

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**Application:** In this case, the appellant's claim for fees arose directly from his

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## Parties

- **Judges:** Dr Dhananjaya Y…; M.R.…
- **Appellants:** Alok Ka…
- **Respondents:** Kavveri Telecom…; Mrs Bhuvaneshwari…
- **Other parties:** Affir…

## Timeline

- **2019-03-21 — CIRP Init…**: NCLT initiated the Corporate Insolvency Resolution Process (CIRP) against Kavveri Telecom…
- **2019-08-26 — Appointment…**: Mrs Bhuvaneshwari Ramanathan was appointed…

## 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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