# In the matter of  Amanjyoti Singh Gulati Vs. Arun Chadha, RP of Gulati Retails India Limited & Ors. CP (IB) No.  957/ND/2020

> NCLT judgment dated 2021-08-31. Citation: TCN-2021-NCLT-01250. The case involves an application (I.A. No. 3687 of 2021) preferred by Mr. Amanjyot Singh Gulati…

- **Court:** NCLT
- **Order date:** 31 Aug 2021
- **Citation:** TCN-2021-NCLT-01250
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amanjyoti-singh-gulati-vs-arun-chadha-rp-of-gulati-retails-india-limited-ors-cp-69f0d356

## Summary

### Background

The case involves an application (I.A. No. 3687 of 2021) preferred by Mr. Amanjyot Singh Gulati under Section 60(5) of the Insolvency and Bankruptcy Code (IBC), 2016, read with Rule 11 of the NCLT Rules, 2016. Mr. Gulati had previously filed an application (IB-957/(PB)/2020) under Section 94 of the IBC for initiating an Insolvency Resolution Process (IRP) against himself as a Personal Guarantor. The Adjudicating Authority had appointed Mr. Navneet Kumar Jain as the Resolution Professional (RP).

## Facts

Mr. Amanjyot Singh Gulati, the Applicant, filed an application (IB-957/(PB)/2020) under Section 94 of the IBC, 2016, for initiating an Insolvency Resolution Process against himself as a Personal Guarantor. In an earlier order dated 23.10.2020, the Adjudicating Authority appointed Mr. Navneet Kumar Jain as the Resolution Professional (RP). However, the order inadvertently contained the details of another IP, Mr. Vivek Kumar, due to a typographical error. The present application (I.A. No. 3687 of 2021) was filed to bring this error to the court's notice. The relevant fact is the clerical error in the previous order, which needed to be rectified to ensure the correct IP was on record for the ongoing insolvency resolution process.

## Issues and analysis

### Issue 1: Whether the clerical error in the order dated 23.10.2020, regarding the details of the appointed …

**Ratio:** The court has the power to rectify clerical mistakes apparent on the face of the record

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**Reasoning:** The court reasoned that the inclusion of Mr. Vivek Kumar's details was a typographical

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**Interpretation:** Section 420(2) of the Companies Act, 2013, and Rule 154 of the NCLT Rules,

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**Application:** The court applied this principle to the present case by acknowledging the error

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## Parties

- **Judges:** Sh. Abni Ranjan…; SH. L. N.…
- **Appellants:** Amanjyot Singh…
- **Respondents:** Gulati Retails…; Arun Ch…

## Timeline

- **2020-10-23 — Previous…**: Order issued appointing Mr. Navneet Kumar Jain as Resolution Professional, but containing…
- **2021-08-31 — Current…**: Order rectifying the clerical error and directing Mr. Navneet Kumar Jain to file his…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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