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2024 Supreme(Online)(NCLT) 270

NATIONAL COMPANY LAW TRIBUNAL
Mr. Shammi Khan, J, Mr. Sameer Kakar, T
Rekha Vivek Dhamankar – Appellant
Versus
Superdrawn Wire Industries Pvt. Ltd. – Respondent


Advocates:
For the Applicant: Mr. Suraj Baise
For the Respondents: Mr. Jaimin Dave, Mr. Monaal Davawala

ORDER

1. This is an application filed under Section 60 (5) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IBC, 2016”) seeking the following prayers:-

a) The present Application may kindly be allowed.

b) This Hon’ble Tribunal may be pleased to direct the Respondents to pay, jointly and severally, the professional fees of Rs. 2,25,000/- (plus GST @18 percent being Rs. 40,500) to the applicant with interest at the rate of 12% per annum from the date of submission of the invoice of the applicant.

c) Costs of this Petition may be awarded.

d) That Your Lordships may be pleased to pass such other and further Orders as may deem just and proper in the interest of justice.

2. The Fact of the case are as below:

i. It is stated that the Respondent No 1 was admitted in Insolvency Resolution Process by the Order of this Hon’ble Tribunal dated 16.3.2022. One Mr Dinesh Mudada was appointed as the resolution professional in the CIRP of Respondent No 1. (hereinafter referred to as the earlier RP, for the sake of brevity).

ii. It is stated that the earlier RP by his email date 29th July 2022 invited quotation from the applicant for carrying out transaction audit of the respondent No

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