# Rathi Powertech Global Pvt. Ltd. vs. Hannu Steels Pvt. Ltd.

> NCLAT judgment dated 2026-09-09. Citation: TCN-2026-NCLAT-00267. IA No. 5813 of 2026 was filed by Rathi Powertech Global Pvt. Ltd. (Applicant) in Company…

- **Court:** NCLAT
- **Order date:** 9 Sept 2026
- **Citation:** TCN-2026-NCLAT-00267
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rathi-powertech-global-pvt-ltd-vs-hannu-steels-pvt-ltd-ilnab

## Summary

### Background

IA No. 5813 of 2026 was filed by Rathi Powertech Global Pvt. Ltd. (Applicant) in Company Appeal (AT) (Ins) No. 124 of 2026, which had been disposed of by a judgment dated 06.07.2026. The application, filed under Rule 11 of the NCLAT Rules, 2016, sought to recall or modify the judgment, specifically paragraphs 54 and 55. The Applicant contended that the observations in these paragraphs, which commented on the prima facie merits of the Appellant's defense, were beyond the scope of the original appeal and could prejudice the pending Section 9 proceedings before the Adjudicating Authority. The original appeal had primarily sought the restoration of the Appellant's right to file a reply.

## Facts

IA No. 5813 of 2026 was filed by Rathi Powertech Global Pvt. Ltd. (Applicant).

The application is in Company Appeal (AT) (Ins) No. 124 of 2026.

The Company Appeal (AT) (Ins) No. 124 of 2026 was disposed of by judgment dated 06.07.2026.

The application seeks recall or modification of the order dated 06.07.2026, specifically paragraphs 54 and 55.

The application is filed under Rule 11 of the National Company Law Appellate Tribunal Rules, 2016.

Paragraph 54 of the original judgment stated that the Appellant's defense (regarding termination of License User Agreement and non-payment of royalty) could not be characterized as sham or frivolous.

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## Issues and analysis

### Issue 1: Whether the observations in paragraphs 54 and 55 of the judgment dated 06.07.2026 should be …

**Ratio:** The observations in paragraphs 54 and 55 were prima facie in nature, and paragraph 55

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**Reasoning:** The Tribunal reviewed its own judgment and found that while paragraph 54 made prima facie

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**Interpretation:** The Tribunal's previous judgment, when read holistically, clearly intended to

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**Application:** Since the original judgment already contained sufficient safeguards to ensure

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## Parties

- **Judges:** N. Sesha…; Indevar P…
- **Appellants:** Rathi Powertech…
- **Respondents:** Hannu Steels Pvt.…
- **Advocates:** Karan G…

## Timeline

- **2025-12-08 — Order Closing Reply…**: Order passed closing the right of the Appellant to file a reply in CP (IB) No.…
- **2026-07-06 — Judgment in Company…**: Judgment passed in Company Appeal (AT) (Ins) No. 124 of 2026, which disposed of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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