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Judgment
O R D E R
27.04.2023: I.A. No. 1213 of 2023 has been filed in Company Appeal (AT) No. 155 of 2020 under Regulation 11 of NCLAT Rules, 2016 filed by the Applicant/Respondent No. 1 with a prayer to correct the order/Judgment dated 28.02.2023 as pleaded in paragraph 4 to 8 in the present application.
It is relevant to mention that Company Appeal (AT) No. 155 of 2020 was heard by Bench comprising of Hon’ble Mr. Justice Anant Bijay Singh, Member (Judicial) and Hon’ble Mr. Kanthi Narahari, Member (Technical). The said judgment dated 28.02.2023 was authored by Hon’ble Mr. Kanthi Narahari, Member (Technical). The aforesaid I.A. was listed on 27.03.2023, on that day, Counsel for the Appellant sought time to file reply to the aforesaid I.A. In the meanwhile, Hon’ble Justice Anant Bijay Singh, Member (Judicial) was in leave due to unavoidable circumstances and joined only on 21.04.2023 and in between, Hon’ble Mr. Kanthi Narahari, Member (Technical) demitted the office on 06.04.2023.
Counsel for the Applicant in his application at paragraphs 4 to 8 has stated as under:-
“4.It is stated that while recording the submissions of the respondent/applicant in paragraph 13 of the present order which is sought to be corrected by the instant application is as under,
“(ii)the amended order dated 12.03.2023 passed by the NCLT has not been challenged till date and the said order attained finality”. The corrected version could be
“(ii)Appeal being Co. Appeal (AT) No. 221 of 2020 from the order dated 12.03.2020 passed by the NCLT, Kolkata Bench, correcting the order dated 27.02.2020 has been dismissed on 04.12.2020 by this Hon’ble Tribunal. Civil Appeal being C.A. No. 000812 of 2021 from the said order was also dismissed by the Hon’ble Supreme Court on 12.03.2021. The said order of the Hon’ble Supreme Court has attained finality.”
5.It is further stated that in paragraph 24 of the order requires correction while recording the list of properties in tabular format. It appears that Table (F) is omitted. As such, in second line of paragraph 24 after “E” this Hon’ble Tribunal may include “and F”.
6.It is further stated that in the first line of paragraph 27 of the order, Hon’ble Tribunal has recorded that “HMCL filed Civil Suit for specific performance”. Whereas, It should have been “respondent filed civil suit (C.S. 168 of 2009) for specific performance”.
7.It is further stated that in the third line of the same paragraph No. 27 of the order under correction this Hon’ble Tribunal has recorded as under:
“Before the High Court of Calcutta, wherein the respondent was substituted as plaintiff on the basis of agreement dated 12.02.2009 (in record)”. It is stated that aforementioned portion need be deleted as no such substitution tool place.
8.It is further stated that in the 7th line of the same paragraph No. 27 of the order it is recorded that “The FGIL has also filed title suit No. 987 of 2015. It should be GJML instead of FGIL.”
Counsel for the Appellant has filed reply to the aforesaid application and opposed the prayer of the Applicant.
We have considered the submissions of the parties and perused the judgment dated 28.02.2023.
It is found that in the Judgment dated 28.02.2023 at para 27, this Tribunal has inadvertently recorded that “HMCL filed Civil Suit for specific performance” in place of “respondent filed Civil Suit (C.S. 168 of 2009) for specific performance”. Further, recorded that “the “FGIL” has also filed title suit No. 987 of 2015 in place of “GJML”.
With these aforesaid corrections, the instant I.A. No. 1213 of 2023 is disposed off. This Order is treated as part of the Judgment dated 28.02.2023.