# In the matter of Vinod Kumar Jha vs. Sachin Dhiman & Anr.

> NCLAT judgment dated 2024-05-17. Citation: TCN-2024-NCLAT-00426. The case involves an application (I.A. No. 3567 of 2024) filed by the Interim Resolution…

- **Court:** NCLAT
- **Order date:** 17 May 2024
- **Citation:** TCN-2024-NCLAT-00426
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vinod-kumar-jha-vs-sachin-dhiman-anr-5ab7b976

## Summary

### Background

The case involves an application (I.A. No. 3567 of 2024) filed by the Interim Resolution Professional (IRP) seeking clarification regarding an order passed by the National Company Law Appellate Tribunal (NCLAT) on 03.05.2024. The NCLAT had previously directed the IRP not to take further steps in pursuance of the impugned order and noted the direction issued under Section 8 of the RERA Act in an interim order dated 03.05.2024. It was submitted that the corporate debtor has several projects, and not all are covered by RERA directions.

## Facts

Vinod Kumar Jha, Directors (Powers Suspended) of Ajnara Realtech Ltd., is the appellant. Sachin Dhiman & Anr. are the respondents. The IRP filed an application seeking clarification regarding a previous order. The Tribunal had directed the IRP not to take further steps in pursuance of the impugned order. The interim order dated 03.05.2024 mentioned directions issued under Section 8 of the RERA Act. It was submitted that the corporate debtor has several projects, and not all are covered by RERA directions. The IRP stated that there is only one project, but paragraph 4 of the IRP's application mentions six projects. The Tribunal noted that there are six projects separately registered with separate registration numbers. The order dated 30.06.2023 passed by the RERA

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## Issues and analysis

### Issue 1: Whether the IRP is entitled to clarification regarding the order passed by the Tribunal on …

**Ratio:** The Tribunal has the power to clarify its own orders to ensure proper implementation and

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**Reasoning:** The IRP sought clarification to understand the scope of the previous order and to

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**Interpretation:** The Tribunal's power to clarify its orders is inherent in its adjudicatory

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**Application:** The Tribunal clarified its previous order by providing specific directions

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Vinod Kum…
- **Respondents:** Ajnara Realtech…; Sachin D…
- **Advocates:** Abhijeet…; Siddharth…; +4 more

## Timeline

- **2024-03-05 — Tribunal…**: Tribunal passed an order, IRP sought…
- **2024-05-03 — Tribunal Di…**: Tribunal directed the IRP not to take further steps in pursuance of the impugned order…

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