National Company Law Appellate Tribunal
Mr Vivek Parti vs H.S. Oberoi Buildtech Pvt. Ltd. & Anr on 6 February, 2023
Author: Ashok Bhushan
Bench: Ashok Bhushan
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH,
NEW DELHI
Company Appeal (AT) (Insolvency) No. 793 of 2022
IN THE MATTER OF:
Vivek Parthi Erstwhile Resolution Professional ...Appellant
Versus
H.S. Oberoi Builtech Pvt. Ltd. & Anr. ...Respondents
Present:
For Appellant : Advocate Pooja Mahajan, Advocate Arveena
Sharma
For Respondent : Mr. RK Gupta, Advocate
Mr. Swaralipi Deb Roy, Mr. Abhinav Aggarwal,
Advocates for R-2
Mr. Ekansh Mishra, Advocate for Intervenor.
ORDER
06.02.2023: This appeal has been filed against the order passed by the Adjudicating Authority dated 13.04.2022 in IA No. 1056/2022 and IA No. 236/22, both the applications have been dismissed as infructuous.
2. The Appellant before us is an erstwhile Resolution Professional who had filed the IA No. 236/2022 claiming for payment of success fee which according to the Appellant was payment as per Resolution Plan.
3. Adjudicating Authority observed that since the Appellant is not pressing for liquidation of the Corporate Debtor, the application cannot be considered.
4. Learned Counsel for the Appellant challenging the order contends that the Appellant has right to claim success fee as per the Resolution Plan which was approved by the Adjudicating Authority.
5. Learned Counsel for Monitoring Committee refuting the submissions of the Appellant contends that Plan itself has not been implemented due to some (DGTCP) Director General, Town and Country Planning, Haryana, issues, hence, there is no occasion to make any payment. Company Appeal (AT) (Insolvency) No. 793 of 2022 1
6. Learned Counsel for Earth Iconic project (Home Buyers' Association) who had filed the application for impleadment submits that the Appellant is not entitled for any success fee since no Resolution for payment of success fee was passed and it was by only passing way the note was recorded in the Minutes. He further submits that issue of payment of success fee is also pending consideration before the Hon.Supreme Court.
We have heard the Counsel for the parties and perused the record.
7. The plan which was approved for the project in question is still under implementation and has not been implemented so far. As submitted by the Counsel for the parties that there is an issue of (DGTCP) Director General, Town and Country Planning, Haryana due to which implementation has not taken place. When the plan has not yet been taken place, we see no reason to issue any direction as prayed for, in this appeal. We grant liberty to the Appellant to file a fresh application which may be decided in accordance with law after hearing all the affected parties including SRA, CoC as well as Monitoring Committee.
8. We make it clear that we have not expressed any opinion on the merit of any claim of the Appellant. The appeal is disposed of accordingly.
[Justice Ashok Bhushan] Chairperson [Mr. Barun Mitra] Member (Technical) ss/nn Company Appeal (AT) (Insolvency) No. 793 of 2022 2