# In the matter of  Always Remember Properties Private Limited versus Reliance Home Finance Limited & Anr.,ARB.P. 305/2020

> HC judgment dated 2022-12-07. Citation: TCN-2022-HC-00009. The case involves an application seeking the recall of an order dated 25th July 2022. The initial…

- **Court:** HC
- **Order date:** 7 Dec 2022
- **Citation:** TCN-2022-HC-00009
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/always-remember-properties-private-limited-versus-reliance-home-finance-limited-af437807

## Summary

### Background

The case involves an application seeking the recall of an order dated 25th July 2022. The initial order was passed by a learned Judge, but subsequently, the matter was directed to be placed before a competent Roster Bench. The Corporate Insolvency Resolution Process (CIRP) had commenced in light of the Supreme Court's judgment in Alchemist Asset Reconstruction Company Ltd. vs. Hotel Gaudavan (P) Ltd., leading to a moratorium.

## Facts

Always Remember Properties Private Limited filed a petition in the High Court of Delhi against Reliance Home Finance Limited & Anr. seeking certain reliefs. An order was passed on 25th July 2022, which is now sought to be recalled. The initial order was passed by a learned Judge, but the matter was later directed to be placed before a competent Roster Bench. The Corporate Insolvency Resolution Process (CIRP) had commenced in light of the Supreme Court's judgment in Alchemist Asset Reconstruction Company Ltd. vs. Hotel Gaudavan (P) Ltd., leading to a moratorium. The respondent sought reference of disputes to arbitration. The respondent filed an application before the Arbitral Tribunal seeking disclosure of documents by the appellant, followed by filing its Statement

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## Issues and analysis

### Issue 1: Whether the order dated 25th July 2022 should be …

**Ratio:** An order suffering from an evident factual error based on an incorrect statement made by

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**Reasoning:** The court found that the order of 25th July 2022 was based on an incorrect statement made

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**Interpretation:** This means that if a court order is based on a clear and demonstrable factual

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**Application:** The court applied this principle to the specific facts, noting that the order

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## Parties

- **Judges:** YASHWANT…
- **Appellants:** ALWAYS REMEMBER…
- **Respondents:** Reliance Home…
- **Other parties:** Kohi…
- **Advocates:** Sandeep…; Darpan W…; +6 more

## Timeline

- **2022-07-25 — Order Da…**: An order was passed by a learned Judge,…
- **2018-08-30 — Review Petiti…**: The respondent filed the review…

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