# In the matter of Apya Capital Services Private Limited Versus Guardian Homes Private Limited IA No.2068 of 2021 in Company Appeal (AT) (Insolvency) No. 412 of 2020

> NCLAT judgment dated 2021-12-09. Citation: TCN-2021-NCLAT-00017. The case involves an application (I.A. No. 2068 of 2021) filed by the Respondent/Applicant…

- **Court:** NCLAT
- **Order date:** 9 Dec 2021
- **Citation:** TCN-2021-NCLAT-00017
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/apya-capital-services-private-limited-versus-guardian-homes-private-limited-ia-n-aeceaef9

## Summary

### Background

The case involves an application (I.A. No. 2068 of 2021) filed by the Respondent/Applicant seeking the recall of a judgment and order dated 08.12.2020 passed by the National Company Law Appellate Tribunal (NCLAT) in Company Appeal (AT) (Insolvency) No. 412 of 2020. The initial appeal pertained to the admission of an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) filed by Apya Capital Services Private Limited (Appellant) against Guardian Homes Privat Limited (Respondent/Corporate Debtor). The Respondent/Applicant argued that the NCLAT had committed an error by treating the Appellant as a 'Financial Creditor' under the IBC when it was allegedly an 'Operational Creditor' and had filed an application under Section 9 of the IBC before the NCLT,

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## Facts

Apya Capital Services Private Limited (Appellant) filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) against Guardian Homes Privat Limited (Respondent/Corporate Debtor). The Adjudicating Authority initially admitted the application. The Respondent/Corporate Debtor appealed to the National Company Law Appellate Tribunal (NCLAT). The NCLAT passed a judgment and order dated 08.12.2020. The Respondent/Corporate Debtor then filed an application (I.A. No. 2068 of 2021) seeking the recall of the NCLAT's judgment. The Respondent/Applicant argued that the Appellant was an 'Operational Creditor' and had filed an application under Section 9 of the IBC before the NCLT, Mumbai. The Respondent/Applicant also contended that a pre-existing dispute existed

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## Issues and analysis

### Issue 1: Whether the NCLAT has the power to recall its judgment passed in Company Appeal (AT) (Insolvency) …

**Ratio:** The power to recall a judgment is a limited power and is not generally available,

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**Reasoning:** The NCLAT reasoned that neither Section 242(1) of the Companies Act, 2013, nor Rule 11 of

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**Interpretation:** The interpretation of Section 424(1) of the Companies Act, 2013, and Rule 11 of

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**Application:** In this specific case, the NCLAT applied the principle that it lacked the power

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## Parties

- **Judges:** Anant Bijay…; Shreesha…
- **Appellants:** Apya Capital…
- **Respondents:** Guardian Homes…
- **Advocates:** Abhishek Kumar…; Aditya S…; +2 more

## Timeline

- **2020-12-08 — NCLAT Jud…**: NCLAT passed a judgment in Company…
- **2021-07-01 — Supreme Cour…**: The Hon'ble Supreme Court dismissed the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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