# In the matter of Board of Trustees for Shyama Prasad Mookerjee Port, Kolkata vs. Brighterside Renewable Energy Ventures Pvt. Ltd.

> NCLAT judgment dated 2024-11-21. Citation: TCN-2024-NCLAT-00072. The appeal was filed against an order dated 12.08.2024, by which IA No.890/KB/2021, filed by…

- **Court:** NCLAT
- **Order date:** 21 Nov 2024
- **Citation:** TCN-2024-NCLAT-00072
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/board-of-trustees-for-shyama-prasad-mookerjee-port-kolkata-vs-brighterside-renew-9fa2a25d

## Summary

### Background

The appeal was filed against an order dated 12.08.2024, by which IA No.890/KB/2021, filed by the Board of Trustees for Shyama Prasad Mookerjee Port Kolkata, was rejected. The Corporate Insolvency Resolution Process (CIRP) against Manor Floatel Ltd. commenced and concluded with the approval of the Resolution Plan on 30.10.2018. The appellant did not file any claim during the resolution process. In 2021, IA No.890/KB/2021 was filed, seeking recall of the order dated 30.10.2018, which was rejected.

## Facts

The Board of Trustees for Shyama Prasad Mookerjee Port Kolkata (Appellant) filed an appeal against an order rejecting their application for recall of an earlier order. The Corporate Debtor is Manor Floatel Ltd. The CIRP against the Corporate Debtor commenced and concluded with the approval of a Resolution Plan on 30.10.2018. The Appellant did not file any claim during the resolution process. Later, in 2021, the Appellant filed IA No.890/KB/2021, seeking recall of the order dated 30.10.2018, which was rejected. The Appellant argued that the resolution plan contained provisions contrary to law, specifically regarding a perpetual lease, violating Section 30(2) of the IBC. The Respondent argued that the Appellant did not challenge the plan approval in a timely manner,

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in rejecting the Appellant's application for recall of the …

**Ratio:** An application for recall of an order must be filed within a reasonable time and on valid

…

**Reasoning:** The Adjudicating Authority considered the submissions and found no grounds to allow the

…

**Interpretation:** The court interpreted the law to mean that a party cannot sit idly by and then

…

**Application:** The Appellant's application for recall was filed three years after the plan

…

## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Board of Trustees…
- **Respondents:** Manor Float…; Brighterside…
- **Advocates:** Mukul Ro…; Buddy Ranga…; +5 more

## Timeline

- **2018-10-30 — Resolution Plan…**: Resolution Plan for Manor…
- **2021-01-01 — IA No.890/KB/2…**: Appellant filed IA No.890/KB/2021 seeking…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/board-of-trustees-for-shyama-prasad-mookerjee-port-kolkata-vs-brighterside-renew-9fa2a25d