Even if one Financial Creditor in CoC, first pay IRP/IP fee & subsequent recover from CD- Muthoot Finance Ltd. Vs. Southern Investments Pvt. Ltd. & Ors.-NCLAT
NCLAT dismissed the contention of the Appellant and held that when it is shown in the present matter that CoC has fixed fees and other members of CoC have contributed towards fees of the Resolution Professional in proportion of their voting shares, the Appellant cannot be heard saying that it will not contribute especially when the same is recoverable. In the facts of the matter, we do not find any error with the impugned order directing the Appellant to first pay and then make recovery from the Corporate Debtor. In the circumstances, we do not interfere with the impugned order.