# In the matter of Printland Digital (India) Pvt. Ltd. Vs.
Nirmal Trading Company Company Appeal (AT) (Insolvency) No. 504 of 2022

> NCLAT judgment dated 2022-05-30. Citation: TCN-2022-NCLAT-00447. This is an appeal against an order dated 10th March 2022 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 30 May 2022
- **Citation:** TCN-2022-NCLAT-00447
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/printland-digital-india-pvt-ltd-vs-nirmal-trading-company-company-appeal-2ee9aae6

## Summary

### Background

This is an appeal against an order dated 10th March 2022 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi, Court-IV) in I.A. No. 5064/ND/2021 in CP No. IB 1105/ND/2020. The appellant had filed an application on 16.09.2021 for recalling the order dated 22.07.2021 by which its right to file the Reply as Corporate Debtor was closed. The application was dismissed on the ground that the Tribunal is not vested with any power to recall or review its own order and that sufficient opportunities had already been granted to the Appellant to file the Reply which were not availed.

## Facts

Printland Digital (India) Pvt. Ltd. filed an application before the Adjudicating Authority to recall an order that closed its right to file a reply as a Corporate Debtor. The Adjudicating Authority dismissed the application. Printland Digital (India) Pvt. Ltd. then appealed to the NCLAT. The appellant argued that the Tribunal had the jurisdiction to recall its order in terms of Rule 11 of NCLT Rules, 2016 because it had not decided any substantial issue on merits. The respondent argued that the appellant's conduct does not allow it to seek interference because sufficient opportunities were granted. The NCLAT allowed the appeal and remanded the case back to the Adjudicating Authority to consider the application on merits and decide the same in accordance with law.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority has the power to recall its order of closing of right to file …

**Ratio:** The Adjudicating Authority has the jurisdiction to recall the order of the kind in

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**Reasoning:** The NCLAT distinguished between recalling an order and reviewing an order on merits. It

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**Interpretation:** The interpretation of Rule 11 of NCLT Rules, 2016 is that the Adjudicating

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**Application:** In this case, the right to file the Reply was closed by an order on the ground

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## Parties

- **Judges:** Rakesh Kuma…; Alok Sriv…
- **Appellants:** Printland Digital…
- **Respondents:** Nirmal Trading…
- **Advocates:** Sandeep…; Yati Ra…; +2 more

## Timeline

- **2021-07-22 — Order Da…**: Order passed closing the right to…
- **2021-09-16 — Application fo…**: Appellant filed an application for…

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