# In the matter of Appliance Mart Pvt. Ltd. CP (IB) No.540-NCLT-AHM-2018

> NCLT judgment dated 2019-01-25. Citation: TCN-2019-NCLT-05159. The case involves an application for rectification of an order passed by the National Company…

- **Court:** NCLT
- **Order date:** 25 Jan 2019
- **Citation:** TCN-2019-NCLT-05159
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/appliance-mart-pvt-ltd-cp-ib-no540-nclt-ahm-2018-98c20d25

## Summary

### Background

The case involves an application for rectification of an order passed by the National Company Law Tribunal (NCLT), Ahmedabad Bench. The petitioner sought correction in the order dated 13.11.2018 in CP (IB) 540/9/NCLT/AHM/2018. The initial order stated that the matter was withdrawn due to a settlement between the parties. However, the petitioner clarified that the withdrawal was due to the matter being filed under a different provision of law, specifically Section 9 of the Insolvency and Bankruptcy Code, 2016, instead of Section 7.

## Facts

Tirth Reality filed a petition against Appliance Mart Pvt. Ltd. under CP (IB) No.540/9/NCLT/AHM/2018. The initial order dated 13.11.2018 stated that the matter was withdrawn due to a settlement between the parties. However, the petitioner, Tirth Reality, clarified that the withdrawal was due to a mistake in filing the matter under Section 9 of the Insolvency and Bankruptcy Code, 2016, as they were financial creditors and not operational creditors. They sought to withdraw the petition filed under Section 9 and requested permission to file a fresh petition under the appropriate provision of law. The petitioner filed a 'Speaking to Minutes' application to rectify the error in the order.

## Issues and analysis

### Issue 1: Whether the typographical errors in the Tribunal's order dated 13.11.2018 should be rectified to …

**Ratio:** The principle is that courts have the inherent power to correct clerical or typographical

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**Reasoning:** The court reasoned that the petitioner had demonstrated that the original order contained

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**Interpretation:** The interpretation is that courts have the authority and responsibility to

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**Application:** In this case, the court applied the principle by rectifying the order dated

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## Parties

- **Judges:** Harihar Prakash…; Manorama…
- **Appellants:** Tirth Re…
- **Respondents:** Appliance Mart…

## Timeline

- **2018-11-13 — Original…**: Tribunal passed an order stating the matter was withdrawn due to settlement between…
- **2018-11-27 — Speaking to…**: Petitioner's counsel submitted 'Speaking to…

## 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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