Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nNational Company Law Appellate Tribunal\nDstr Infrastructure & Projects Llp vs Dharm Vir Gupta on 9 November, 2020\n  NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI\n           Company Appeal (AT) (Insolvency) No. 962 of 2020\n\nIn the matter of:\n\nDSTR Infrastructure & Projects LLP                                    ....Appellant\nVs.\nDharm Vir Gupta                                                 ....Respondent\n\n\nPresent:\n\n    Appellant:         Mr. Vishnu Kumar and Mr. Ilam Paridi, Advocates.\n\n\n                                ORDER\n\n                       (Through Virtual Mode)\n\n\n\n09.11.2020:         In terms of the un-dated impugned order which appears to\n\nhave been passed in September, 2020, the Adjudicating Authority (National\n\nCompany Law Tribunal), New Delhi, Court-IV has reduced the claim of the\n\nResolution Professional for the dues claimed by him during the Corporate\n\nInsolvency Resolution Process of 'DSTR Infrastructure & Projects LLP'-\n\n('Corporate Debtor') from claimed amount of Rs.3,80,000 to Rs.2,50,000/-,\n\nhaving regard to the fact that the Resolution Professional discharged duties for\n\na period which was slightly below two months. Together with the expenses\n\nincurred by the Resolution Professional, the Adjudicating Authority allowed his\n\nclaim at Rs.4,27,143/- which is assailed as being exorbitant, having regard to\n\nthe fact that the claim of the Operational Creditor has been settled at Rs.12.5\n\nLakh which includes the fee of the Interim Resolution Professional.\n\n\n                                                               Contd/-............\n                                        -2-\n\n\n       Be that as it may, it cannot be disputed that the claim on account of fee\n\nand the expenses incurred by the Resolution Professional is on a higher side\n\nwhen the amount of settlement is taken into account as it roughly works out to\n\naround 35%. The inflated fee claimed for discharge of professional duties by the\n\nResolution Professional, more so when the constitution of the Committee of\n\nCreditors was stayed and the expenses incurred being disproportionate, the\n\namount allowed cannot be justified. Same requires interference.\n\n\n       Having regard to all the relevant factors, we are of the considered opinion\n\nthat an amount of Rs. 3,00,000/- will be commensurate with the nature of duties\n\nperformed by the Resolution Professional and the expenses incurred in the wake\n\nof constitution of the Committee of Creditors stayed by this Appellate Tribunal,\n\nto be paid to the Resolution Professional. With the aforesaid reduction, the\n\nappeal is disposed of.\n\n\n                                                           [Justice Bansi Lal Bhat]\n                                                               Acting Chairperson\n\n\n                                                      [Justice Anant Bijay Singh]\n                                                                Member (Judicial)\n\n\n                                                                   [Shreesha Merla]\n                                                                 Member (Technical)\n\nAR/g\n\n                                             Company Appeal (AT) (Insolvency) No. 960 of 2020