VidhiSangh

Supreme Court of India · 05/01/2022

DEVARAJAN RAMAN versus BANK OF INDIA LIMITED

[2022] 1 S.C.R. 975 · 2022 INSC 14

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court set aside the NCLT and NCLAT orders fixing a resolution professional’s fee at an unexplained ad hoc amount of Rs 5 lakh plus GST. Neither tribunal examined the contractual basis of the claim, the supporting statement or the financial creditor’s verification and acceptance. The NCLT retained jurisdiction to determine insolvency-related costs despite the setting aside of the CIRP, but had to exercise it through a reasoned assessment. The fee application was restored for fresh decision, with disposal requested within one month of receipt of the certified order.

Issues

  1. Whether the tribunals could determine a resolution professional’s fee through an unexplained ad hoc figure.
  2. Whether insolvency-related fee claims remained within the NCLT’s jurisdiction after the CIRP was set aside.

Provisions considered

Held

Result

Appeal allowed; NCLT and NCLAT orders set aside; fee application restored to NCLT, with disposal requested within one month of receipt of the certified order.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 975.