# In the matter of MRA Associates (India) Private Limited Vs. Red Fort Capital Advisors Private Limited Company Appeal (AT) (Insolvency) No. 640 of 2021

> NCLAT judgment dated 2021-10-25. Citation: TCN-2021-NCLAT-00066. The case involves an appeal against an order passed by the National Company Law Tribunal…

- **Court:** NCLAT
- **Order date:** 25 Oct 2021
- **Citation:** TCN-2021-NCLAT-00066
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mra-associates-india-private-limited-vs-red-fort-capital-advisors-private-limite-995e9518

## Summary

### Background

The case involves an appeal against an order passed by the National Company Law Tribunal (NCLT), New Delhi, Court-V, in IB-2116/ND/2019. The appellant sought to set aside the impugned order that dismissed the prayer for revival/restoration of a company petition. The NCLT had reserved its order on 20.09.2019 and pronounced it on 30.09.2019. The appellant filed an application (CA No. 103/CB/ND/2019) seeking to file additional documents after the order was reserved but before it was pronounced. This application was dismissed for default as the appellant did not appear on the listed dates. Subsequently, the appellant filed a Review Application No. 09 of 2021, which was also dismissed.

## Facts

MRA Associates (India) Private Limited filed a Company Petition (IB/2116/ND/2019) before the NCLT seeking revival/restoration. The NCLT reserved its order on 2019-09-20 and pronounced it on 2019-09-30. After the order was reserved, MRA Associates filed CA No. 103/CB/ND/2019 on 2019-09-23, seeking permission to file additional documents. MRA Associates did not appear on the listed dates for CA No. 103/CB/ND/2019, and it was dismissed for default. MRA Associates then filed a Review Application No. 09 of 2021, which was disposed of on 2021-02-20. MRA Associates did not challenge the main order of dismissal but only filed the Review Application. The NCLT dismissed the Review Application, stating that there is no provision for review under the IBC and that Rule 11 of the

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority is empowered to review its own order under Rule 11 of the NCLT …

**Ratio:** The power of Appeal, Revision, and Review are statutory powers created by the legislature

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**Reasoning:** The appellate tribunal agreed with the NCLT's observation that there is no provision for

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**Interpretation:** The interpretation of the law is that the power to review a decision is not an

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**Application:** In this case, since the IBC does not provide for a review mechanism, the NCLT

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## Parties

- **Judges:** Jarat Kuma…; Shreesha…; +1 more
- **Appellants:** MRA Associates…
- **Respondents:** Red Fort Capital…

## Timeline

- **2019-09-20 — Order Res…**: The Adjudicating Authority reserved the order…
- **2019-09-23 — CA Filed…**: The Appellant preferred CA No. 103/CB/ND/2019 seeking a direction to file additional…

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