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Judgment
O R D E R
Per: Justice Rakesh Kumar Jain: (Oral)
The Interim Resolution Professional filed I.A No. 4946 of 2022 seeking rectification of a clerical error, inadvertently crept in the part of order dated 13.06.2022. The part of order dated 13.06.2022 is reproduced as under:-
“Be that as it may, till the next date of hearing, this ‘Tribunal’ directs the implementation of the Impugned Order dated 03.06.2022 passed in IA Nos. 5701/2021, 5702/2021, 5703/2021 & 5704/2021 in Comp. App. (AT) (Ins.) No. 676 of 2022 on the file of Adjudicating Authority (National Company Law Tribunal, New Delhi, Bench-III) shall remain stayed.”
Counsel for the Applicant has submitted that four Applications bearing IAs No. 5701 of 2021, 5702 of 2021, 5703 of 2021 & 5704 of 2021 were filed by four-unit holders out of thirty-eight in CP (IB) No. 1066/ND/2020 for withdrawal of their names from the array of the parties as Financial Creditors because they had sold their units to the new buyers and the said four applications were allowed on 03.06.2022 by the Adjudicating Authority in the following manner: -
“Further in view of findings given in para 4 above all the four IAs. i.e. 5701/2021, 5702/2021, 5703/2021 and 5704 of 2021 stand allowed.”
Notice in the application was issued to which Reply has been filed.
It is a common case of the parties that there is an error in the part of the order dated 13.06.2022. It is submitted that the words “passed in I.A. No. 5701 of 2021, 5702 of 2021, 5703 of 2021 and 5704 of 2021” requires to be deleted because the stay was pertaining to the order of admission which too was passed by the Adjudicating Authority on 03.06.2022 and has nothing to do with the implementation of the order in regard to the aforesaid four IAs.
It is submitted that this Tribunal has the inherent powers in terms of Rule 11 of the NCLAT, Rules 2016 to rectify this type of mistake which is apparent on the face of record even if there is no power of review.
We have heard Counsel for the parties. Since, it is a common case of both the parties much less the Appellant in whose favour the order dated 13.06.2022 was passed that the words “passed in I.A. Nos. 5701 of 2021, 5702 of 2021, 5703 of 2021 and 5704 of 2021” deserves to be deleted, it would be fair and equitable that the said line is deleted from part of the order dated 13.06.2022.
Therefore, the application is hereby allowed and it is directed that the paragraph 5 of the order dated 13.06.2022 be read without the line “in I.A No. 5701 of 2021, 5702 of 2021, 5703 of 2021 and 5704 of 2021”.