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2023 Supreme(Online)(NCLT) 1641

NATIONAL COMPANY LAW TRIBUNAL
Mr. Chakravarthi Srinivasan – Appellant
Versus
Bank of India – Respondent


Advocates:
For the Petitioner:Harsh Chowdhary

PER: BENCH

1. This is an application filed by the Financial Creditor U/s 60(5) seeking for the following relief:

i. Direct the Respondents to make payments of Resolution Professional fees and expenses of Corporate Insolvency Resolution Process Rs. 38,21,022/- incurred by the Applicant according to their share proportion.

2. The gist of the Application in brief:

a. It is averred that this application is filed by the Financial Creditor namely Mr. Laxmi Kumar Rao Thota under section of Insolvency and Bankruptcy Code, 2016 read with rule 4 of the Insolvency and Bankruptcy Rules, 2016 before this Tribunal vide its order dated 28.03.2019 ordered the commencement of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor within 180 days from the date of order.

b. It is averred that this Tribunal has appointed the applicant as Interim Resolution Processional (IRP) and directed to take charge of the management of the Corporate Debtor.

c. It is averred that as per the direction in the order of this Tribunal the applicant caused Public Notice, held CoC Meeting on and when necessary during the CIRP period.

d. It is averred that in the 1st CoC meeting one of the agenda item was to

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