Tribunals and CommissionsDivision Bench(2022) 08 NCLT CK 0029

Anjali Capfin Pvt. Ltd vs Primuss Pipes & Tubes Ltd

National Company Law Tribunal · Decided on 24 August 2022

HON’BLE JUDGES
Harnam Singh Thakur, Member (J) · Subrata Kumar Dash, Member (T)
RESULT
Disposed Of
CASE NUMBER
IA No.191/2022 in CP(IB) No.07/ALD/2021

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 325 words
1.

This application has been filed under Rule 11 of the National Company Law Tribunal Rules, 2016 seeking rectification of certain clerical/typographical errors occurred inadvertently in the order dated 13.06.2022 passed by this Bench in CP (IB) No.07/ALD/2021.

2.

It is the case of the applicant that this Adjudicating Authority vide order dated 13.06.2022 (Annexure-A2) initiated the Corporate Insolvency Resolution Process (‘CIRP’) against the corporate debtor and imposed moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016.

3.

The necessity to file the present application has arisen on account of the fact that there are certain inadvertent clerical/typographical errors occurred in the order dated 13.06.2022, which requires rectification by this Adjudicating Authority.

4.

After hearing the learned counsel for the applicant and after careful perusal of the case file, the rectifications/corrections in order dated 13.06.2022 are being done in the following manner:

i) On page 1 of the order dated 13.06.2022, in the case title the address of the corporate debtor has been wrongly mentioned as ‘92C, Block D4, Udyog Vihar, Sector 82, Noida’ and the same is hereby deleted.

ii) On page 2 of paragraph Nos.2 & 5 of order dated 13.06.2022 the amount of unsecured loan has wrongly been mentioned as ‘Rs.2,25,00,000/-.’ However, the correct loan amount is ‘Rs.2,50,00,000/-‘ and the same is corrected accordingly.

iii) On page 2 in paragraph 5 of order dated 13.06.2022, the cheque number has wrongly been mentioned as ‘358265.’ The same is rectified and be read as cheque number ‘358268.’

iv) On page 3 in paragraph 11 a. of order dated 13.06.2022, the name of financial creditor has wrongly been mentioned as ‘Punjab National Bank’, the same is rectified and be read as ‘Anjali Capfin Pvt. Ltd.’

5.

Keeping in view the facts and circumstances and in the interest of justice, the present application is allowed in view of rectifications/corrections, as made hereinabove in paragraph No.4. Thus, IA No.191/2022 is allowed and disposed of accordingly.