NATIONAL COMPANY LAW TRIBUNAL
SMT. BIDISHA BANERJEE, SHRI. D. ARVIND, JJ
TUF Metallurgical (P) Ltd – Appellant
Versus
Liquidator – Samir Kumar Bhattacharyya – Respondent
ORDER
Per: D. Arvind, Member (Technical):
1. The Court congregated through hybrid mode.
2. Heard Ld. Counsel for the parties.
3. This is an application preferred by TUF Metallurgical (P) Ltd. (hereinafter referred as Applicant/TUF) under Section 42 read with 60(5) of the Insolvency and Bankruptcy Code, 2016 , for brevity “IBC” against Mr Samir Kumar Bhattacharyya the liquidator of the corporate debtor Impex Metal & Ferro Alloys Limited (hereinafter referred as Respondent/Liquidator seeking following reliefs:
a) Admit the claims of the Appellant to the full extent of Rs.4,94,11,490/- so submitted by the Appellant vide Form – G (Liquidation Process Regulations) dt. 14.03.2019 as ‘Insolvency Resolution Process Costs’ to be paid in priority as per Section 53 (1)(a) of the Code at the time of distribution of proceeds from liquidation; and
b) Direct the Ld. Liquidator to immediately release and pay an amount of Rs.1,06,06,494/- as the admitted CIRP Costs and non-disputed portion o0f the aforesaid claim to the Applicant;
c) Direct a Stay Order restraining the Liquidator from proceeding with further distribution of liquidation proceeds realized out of the sale of the liquidation assets, amongst
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