A Corporate Insolvency Resolution Proceedings (CIRP) was initiated by the financial creditors and the National Company Law Tribunal (NCLT) passed the order of acceptance of proposal of the Resolution Applicant. After tak
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2023
A Corporate Insolvency Resolution Proceedings (CIRP) was initiated by the financial creditors and the National Company Law Tribunal (NCLT) passed the order of acceptance of proposal of the Resolution Applicant. After taking over the control and management of the Corporate Debtor, the Resolution Applicant observed an apparent mistake in the order. The proposal of the Resolution Applicant was to provide payment of ₹ 4,79,06,549 to all the Operational Creditors, whereas in the order it was wrongly written as ₹ 4,97,06,549. The Resolution Applicant seeks your professional advice to get the inadvertent mistake rectified. Discuss the relevant provisions of the law and suggest the procedure for its rectification.
Answer & Explanation:
According to Section 420(2) of the Companies Act, 2013 , the National Company Law Tribunal (NCLT) may, at any time within two years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties. However, no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act. Procedure for Rectification: According to Rule 154(1) of the NCLT Rules, 2016 , any clerical or arithmetical mistakes in any order of the NCLT or error therein arising from any accidental slip or omission may at any time, be corrected by NCLT on its own motion or on application of any party by way of rectification. Further, according to Rule 154(2) of the NCLT Rules, 2016 , an application under Rule 154(1) may be made in Form No. NCLT. 9 within two years from the date of the final order for rectification of the final order not being an interlocutory order. General Power to Amend: NCLT may, within a period of thirty days from the date of completion of pleadings, and on such terms as to costs or otherwise, as it may think fit, amend any defect or error in any proceeding before it and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding. In view of the above, the Resolution Applicant can apply under Rule 154(1) of NCLT Rules, 2016 in Form No. NCLT. 9 within two years from the date of the final order to get the inadvertent mistake rectified. The application should clearly highlight the discrepancy between the approved proposal and the order, providing supporting documents.
Topics: Insolvency and Bankruptcy Code (IBC)
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