# In the matter of Mars Remedies Private Limited IA No. 891-NCLT-AHM-2022 in CP (IB) 300-NCLT-AHM-2020

> NCLAT judgment dated 2023-01-12. Citation: TCN-2023-NCLAT-00772. The case involves an application (IA No. 891/NCLT/AHM/2022) filed by Vrundavan Residency Pvt…

- **Court:** NCLAT
- **Order date:** 12 Jan 2023
- **Citation:** TCN-2023-NCLAT-00772
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mars-remedies-private-limited-ia-no-891-nclt-ahm-2022-in-cp-ib-300-nclt-ahm-2020-cfc57c45

## Summary

### Background

The case involves an application (IA No. 891/NCLT/AHM/2022) filed by Vrundavan Residency Pvt Ltd, the original applicant in CP (IB) No. 300/2020, seeking restoration of the main petition under Rule 11 of the National Company Law Tribunal Rules, 2016. The initial petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Mars Remedies Pvt Ltd was rejected on 22.03.2021 due to being time-barred. The applicant appealed to NCLAT, which allowed the appeal on 04.03.2022, setting aside the order and remitting the matter back to the Adjudicating Authority. Subsequently, CIRP was initiated against the Corporate Debtor in CP(IB) 804/2019, leading to the disposal of the main petition (CP(IB) 300/2020)

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## Facts

Vrundavan Residency Pvt Ltd filed an insolvency petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, being CP (IB) No. 300 of 2020, to initiate CIRP against Mars Remedies Pvt Ltd. The date of default was 29.09.2015. The petition was initially rejected on 22.03.2021 as time-barred. Vrundavan Residency appealed to NCLAT, which allowed the appeal on 04.03.2022 and remitted the matter back. Subsequently, CIRP was initiated against Mars Remedies in CP(IB) 804/2019. Consequently, CP(IB) 300/2020 was disposed of as infructuous on 07.09.2022, with liberty to restore it if CP(IB) 804/2019 was settled or set aside. The Supreme Court stayed further proceedings in CP(IB) 804/2019 on 26.09.2022. Vrundavan Residency then filed IA No. 891/NCLT/AHM/2022 seeking

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority has the …

**Ratio:** An Adjudicating Authority generally does not have the power to review its own orders,

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**Reasoning:** The court considered the respondent's submission that the application was seeking a

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**Interpretation:** The interpretation of the law is that

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**Application:** The court did not explicitly rule on whether the application was a review, but

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## Parties

- **Judges:** DEEPTI M…; Ajai Das Me…
- **Appellants:** Vrundavan…
- **Respondents:** Mars Remedies…; Mars Remedies Pvt…

## Timeline

- **2020-01-01 — CP (IB) 300/20…**: Vrundavan Residency Pvt Ltd filed CP (IB) No. 300/2020 under Section 7 of IBC against…
- **2015-09-29 — Date of D…**: The date of default by Mars…

## 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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