IN THE MATTER OF:
Mr. Ashish Choudhery
M/s. Unipik Automation Solutions & Anr.
On 21st May, 2019, the ld. counsel for the Appellant submitted that the Appellant intends to settle the matter and the CoC have not yet been constituted. The Appellant has settled the matter with R1 – ‘M/s. Unipik Automation Solutions’ which has received the DD of Rs. 75,502/- on 17th May, 2019; Rs. 3,000/- on 23rd May, 2019 and Rs. 1,32,600/- on 17th May, 2019. Also, a sum of Rs. 2,00,000/- was paid to the IRP dated 23rd May, 2019.
Mr. Hitesh Malhotra, Managing Partner of ‘M/s. Unipik Automation Solutions’ submits that the 1st Respondent has already received the amounts by Demand Draft.
Mr. Ravi Bansal, IRP appears in person and submits the cost incurred of Rs.1,13,000/- towards expenses and the fee for a period of one and a half month (45 days) are due and also submitted that the ‘Committee of Creditors’ have not yet been constituted.
The tribunal set aside the impugned order dated 23rd April, 2019 and allow the OC to withdraw the application under Section 9 of the I&B Code and directed to close the proceeding.RP will be entitled for a fee of Rs. 1,50,000 towards professional fee + Rs. 1,13,000/- cost incurred by him i.e. total Rs.2,63,000/- out of which Rs. 2,00,000/- has already been received and the rest of Rs. 63,000/- amount will be paid by the CD within 15 days, failing which the RP may move before AT for contempt proceedings.
In effect, order (s) passed by AA appointing IRP, declaring moratorium and all other order (s) passed and action taken by the ‘Resolution Professional’ are set aside
Application u/ S. 9 stands withdrawn with no costs.
Appeal is allowed.
Click here to read full order: 10th June 2019 In the matter of Ashish Choudhery Vs. Unipik Automation Solutions & Anr.