NCLAT Stays Direction on RP Fee in SBI Appeal Against Former IRP
Court / Authority
NCLT & NCLAT
Update / Judgement Date
01 Aug 2026
Source
WCP News Bulletin
Author
Manas Yadav — WCP Legal Desk
Reading Time
2 min read
View Count
2
The National Company Law Appellate Tribunal (Principal Bench, New Delhi) has stayed directions issued by the Adjudicating Authority requiring payment of fees to the erstwhile Interim Resolution Professional (IRP) of Aditya Prints Private Limited.
Dispute Over RP Fees Between Liquidation Application and Order
In Comp. App. (AT) (Ins) No. 414 of 2026, the State Bank of India challenged the order directing payment to Mr. Gordhan Ratanbhai Godhani, the former IRP. The Appellant submitted that the Resolution Professional had already been paid up to 12 August 2022, the date on which the liquidation application was filed. The liquidation order was later passed on 28 July 2023. SBI argued that for the intervening period (12.08.2022 to 28.07.2023), payment could be made only in accordance with the decision of the Committee of Creditors, as contemplated under Regulation 34B(3) of the CIRP Regulations, 2016. However, the Adjudicating Authority had accepted the RP’s submission that he was entitled to the same fee as earlier and directed payment within seven days.
NCLAT Issues Notice and Grants Interim Stay
The Appellate Tribunal found that the Appellant’s submissions required consideration. It permitted SBI to file an additional affidavit placing on record the Committee’s decision regarding payment for the disputed period. Notice has been issued, with replies to be filed within three weeks. Rejoinder, if any, may be filed before the next date. Importantly, the NCLAT has stayed the operation of the impugned directions pending further hearing. The matter is listed for 15 April 2026.
Full Judgement / Attachment
Full Judgement
Frequently asked questions about NCLT & NCLAT
- What are the NCLT and NCLAT?
- The National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) were constituted on 1 June 2016 under the Companies Act, 2013. The NCLT sits in benches across India, and the NCLAT hears appeals from it, with its principal bench in New Delhi and a bench in Chennai.
- What cases does the NCLT hear?
- The NCLT is the Adjudicating Authority for corporate insolvency under the IBC. It also hears company law matters, including oppression and mismanagement petitions, schemes of merger and demerger, reduction of capital, and class action suits.
- What is the time limit to appeal an NCLT order to the NCLAT?
- Under the Companies Act, the appeal is due within 45 days, extendable by up to 45 days. Under the IBC, it is due within 30 days, extendable by up to 15 days. These outer limits are strictly applied.
- How can I check NCLT case status or orders?
- Case status, cause lists and orders are available on the NCLT website (nclt.gov.in) and the NCLAT website (nclat.nic.in), searchable by case number, party name or bench.
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