The Official Liquidator v. Nil

Comp. A. No.355 of 2023 in C.P. No.101 of 1994 ABDUL QUDDHOSE, J.

This application has been filed by the Official Liquidator to take his report dated 26.06.2023 on record and to ratify his action for having appointed Sri.Rahul Kumar Sharma as counsel to appear before the CBI, New Delhi in the case No.239 of 2019 (CBI vs. Paramount Airways Private Limited).

2.In the report, the Official Liquidator sought for approval of the fee structure claimed by the counsel Sri.Rahul Kumar Sharma. As seen from the report, the aforesaid case is pending before the CBI Court in New Delhi. 3.The Official Liquidator, considering the exigency of the case, has already appointed Sri.Rahul Kumar Sharma as a counsel to represent the interest of the Official Liquidator. Sri.Rahul Kumar Sharma has also addressed an email on 17.05.2023 to the Official Liquidator disclosing his schedule of fees and the same is also extracted in paragraph No.8 of the report dated 26.06.2023 filed by the Official Liquidator. The fee structure seems to be a reasonable one. However, in the email dated 17.05.2023, Shri Rahul Kumar Sharma, counsel has stated that the fee structure given by him 1/4

will exclude AOR Filing Fee, Senior Advocate Fee and Miscellaneous Filing Charges like, Court Fee, Photostat and Typing charges. 4.This Court has perused and examined the report filed by the Official Liquidator dated 26.06.2023. After perusing and examining the same, this Court is of the considered view that the prayer sought for by the Official Liquidator in his report dated 26.06.2023 has to be granted. 5.Accordingly, it is ratified by this Court that a) Sri.Rahul Kumar Sharma is allowed to continue to act as a Counsel for the Official Liquidator in the case pending before the CBI Court, New Delhi in Case No.239 of 2019 in the case of CBI vs. Paramount Airways Private Limited;

b)The Fee Structure submitted by Sri. Rahul Kumar Sharma in his email dated 17.05.2023 to the Official Liquidator, which is extracted in paragraph 8 of the report of the Official Liquidator dated 26.06.2023, is hereby approved;

c)The Official Liquidator is permitted to meet out the fees payable to 2/4

Sri.Rahul Kumar Sharma as per his fee structure out of the funds of the Company in liquidation.

6.This Application is disposed of in the aforesaid terms. 7.However, it is made clear that in case of any additional expenses payable to the counsel or for any additional expenses to be incurred by the Company in liquidation, the Official Liquidator shall file a separate application seeking approval of those expenses before this Court. 10.07.2023 vga 3/4

ABDUL QUDDHOSE, J.

vga Comp. A. No.355 of 2023 in C.P. No.101 of 1994 10.07.2023 4/4