VidhiSangh

Supreme Court of India · 15/03/2021

ALOK KAUSHIK versus MRS BHUVANESHWARI RAMANATHAN AND OTHERS

[2021] 4 S.C.R. 521 · 2021 INSC 184

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Summary

The Supreme Court held that the NCLT could determine a registered valuer’s professional charges for work performed during a corporate insolvency resolution process, even though that process was later set aside. The claim arose intrinsically from the CIRP and the tribunal had not become functus officio. IBBI’s disciplinary mechanism for complaints against resolution professionals did not replace adjudication of professional fees. The matter was remitted for factual determination of the work and amount payable.

Issues

  1. Whether the NCLT retained jurisdiction over a valuer’s CIRP-related fee claim after the insolvency proceedings were set aside.
  2. Whether the availability of an IBBI complaint mechanism displaced that jurisdiction.

Provisions considered

Held

Result

Appeal allowed; NCLAT order set aside and valuer’s application restored to the NCLT for fresh determination of professional charges.

Judgment PDF: Supreme Court of India, [2021] 4 S.C.R. 521.