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Supreme Court of India 2021-03-15 allowed

Alok Kaushik vs Bhuvaneshwari Ramanathan and Others

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

The Supreme Court held that a registered valuer appointed during a Corporate Insolvency Resolution Process (CIRP) is entitled to have his professional fees determined by the NCLT, even if the CIRP is subsequently set aside. The Court clarified that such claims arise from the insolvency proceedings and form part of CIRP costs, giving the NCLT jurisdiction under Section 60(5)(c) of the Insolvency and Bankruptcy Code. The existence of a complaint mechanism against the Resolution Professional does not deprive the NCLT of this jurisdiction. The Court remitted the matter to the NCLT to determine the valuer's professional fees afresh.

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Insolvency and Bankruptcy Corporate Insolvency Resolution Process Professional Fees Jurisdiction of NCLT CIRP Costs

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